SEN and Disability Green Paper

Update on draft legislation andpathfinder programme

September 2012

A reminder: the case for change

The current system is not working for families and children: Too many children with SEN have their needs picked up late; Young people with SEN do less well than their peers at school and college and are more likely to be out of education, training and employment at 18;Schools and colleges can focus too much on the SEN label rather than meeting the child’s needs, and the current Statements/ Learning Difficulty Assessments do not focus on life outcomes;Too many families have to battle to find out what support is available and in getting the help they need from education, health and social care services; andWhen a young person leaves school for further education, they enter a very different system which does not carry forward the rights and protections that exist in the SEN system in schools.

Green Paper 2011: Support and Aspiration

Our vision is of a system in which: Children’s special educational needs are picked up early and

support is routinely put in place quickly; Staff have the knowledge, understanding and skills to provide

the right support for children and young people who have SEN or are disabled wherever they are;

Parents know what they can reasonably expect their local school, local college, local authority and local services to provide, without them having to fight for it;

For more complex needs, an integrated assessment and a single Education, Health and Care Plan from birth to 25; and

There is greater control for parents over the services they and their family use.

Aspirations for children and young people is raised through an increased focus on life outcomes

• Edward Timpson MP appointed Parliamentary Undersecretary of State (Children and Families);

• Draft legislation published for pre-legislative scrutiny in September 2012;• Support and Aspiration: Progress and Next Steps published in May

2012;• Children and Young People’s Health Outcomes Forum submitted its

recommendations to the Secretary of State for Health in July (including on children with disabilities and long term conditions);

• Supported internship study programme is being trialled in colleges to provide opportunities for young people with complex needs to gain employment

• Changes to safeguarding guidance: Department reviewing responses to consultation on revised statutory guidance Working Together to Safeguard Children and Managing Cases: Framework for the Assessment of Children in Need and their Families.

Key policy developments

Draft legislation - key highlights• New requirement for local authorities, health and care services to

commission services jointly, to ensure that the needs of disabled children and young people and those with SEN are met.

• LAs to publish a clear, transparent ‘local offer’ of services, so parents and young people can understand what is available.

• More streamlined assessment process, which integrates education, health and care services, and involves children and young people and their families.

• New 0-25 Education, Health and Care Plan, replacing the current system of Statements and Learning Difficulty Assessments, which reflects the child or young person’s aspirations for the future, as well as their current needs.

• Option of a personal budget for families and young people with a Plan, extending choice and control over their support.

• New statutory protections for young people aged 16-25 in FE and a stronger focus on preparing for adulthood.

• Academies, Free Schools, Further Education and Sixth Form colleges to have the same SEN duties as maintained schools.

Timetable for legislative reform (indicative)

September to December 2012 Period of pre-

legislative scrutiny led by the

Education Select Committee

Allows the provisions to be informed and

improved by the views and evidence of

stakeholders, and to continue to learn from the experience of the

Pathfinders

December 2012 Education Select Committee publishes a report of its findings

Early 2013 Children and Families Bill introduced into Parliament.

Early 2013Indicative Draft

Regulations and a Draft Code of

Practice published for consultation,

informed by pathfinder learning.

Spring 2014 Royal Assent

(subject to Parliamentary

process)

September 2014 Implementation of provisions (meeting original Green Paper commitment to have reforms in place by 2014)

From now until Enactment: • 1996 Education Act and current Code of Practice still applies• Transition arrangements will be clarified by DfE

Pre-legislative scrutiny

• Sarah Teather invited Education Select Committee to carry out pre-legislative scrutiny

• Select Committee agreed on 6 September and set out its general and specific questions

• Written evidence by 11 October• Two evidence sessions in October

and November• A report published before the

House rises for Christmas on 19 December.

What is pre-leg scrutiny?Usually involves gathering written evidence and holding hearings – opportunity for parents, professionals and national groups to communicate their experiences, concerns and ideas.

Select Committee Questions (general)• Does the Bill meet Government’s objective to improve provision?• Will provisions cut red tape and delays in giving specialist support?• What will be the cost?• What impact on current institutional structures?• Transitional arrangements?• What can be learned from pilot schemes?• Anything missing?

But it’s not just about the legislation…..

Draft clauses are the high level architecture – there will be more detail in Regulations and the new Code of Practice. There are wider changes happening in the ways that professionals work with children, young peopleand Families, for example:

Change in local practice

• Pathfinders• Delivery Partners• Supported Internships • Achievement for All

Improvements in professional development

• SENCO training• Initial Teacher Training • CPD & scholarships• VCS

Wider reforms

• Health and Social Care• Early identification through 2 year old progress check; investment in health visitors• School funding reforms

9

Pathfinder update: Purpose of the PathfindersThe 20 SEND pathfinders (representing 31 LAs and their Health partners) are working towards the following common objectives:

• Develop a new 0-25 assessment process and a single plan which bring together the education, health and social care services on which children and young people who are disabled or have SEN and their families rely and focuses on improving outcomes;• Explore how the voluntary and community sector could ensure access to specialist expertise and introduce more independence to the process; • Ensure the full engagement of children, young people and their parents and families, schools and colleges; and• Improve choice and control for children, young people and their families through the use of personal budgets and direct payments.

Evaluation - early findings

• Good progress has been made in setting up partnerships and engaging families

• A range of approaches to the single assessment process, from bringing together the results of specialist, separate assessments to a single assessment event. The greatest focus so far has been on a single planning process.

• More family and young person centred processes are in place, using keyworking to improve communications

• The capacity of health, education and VCS to engage remains a concern in some areas

• A challenge remains about how to scale up approaches to a whole area in a sustainable way e.g. key working

Pathfinder learning: cultural change

In many areas, pathfinders are successfully integrating education, health and social care assessment functions and administration to develop a more coherent offer for children, young people and their families:

Devon: • Major training programme aimed at 1000 Integrated Children’s Services staff, 360 schools and other key stakeholders, including parents and children and young people.•Working with In Control to set out a new framework for Person Centred practice •Aiming to align all their current Common Assessment Framework (CAF) and multi-agency working training to a more personalised agenda.

Bromley and Bexley:• Children and Young People Services and Adult Services integrated to become the Education and Care Services with a single commissioning division. • A shared vision for young people developed - through a visioning day, attended by a wide range of stakeholders (including LA services, schools, colleges, health, families, young people and the voluntary sector).

Pathfinder learning: Local Offer

Pathfinders are actively developing their local offer, with many focusinginitially on schools and colleges. In some areas, VCS organisations or parent partnerships services are leading on development of the offer:

NottinghamNAVO (an umbrella organisation for local VCS) has the lead.

Bromley & BexleyDevelopment is being led by XbyX and Mencap

SE7

A working group of parent carers and parent partnership services has consulted with parent carers and practitioners to a agree a common set of principles for its local offer framework, covering all seven pathfinder authorities.

Northampton & Leicester City and ManchesterDevelopment of the local offer is led by parent partnership services and parent carer representatives.

Pathfinder Learning: single assessment process and planMost pathfinders have developed and agreed the pathway and format of their single assessment and planning process: Southampton, • A new virtual team across education, health and care is dealing with all new referrals. • Five Special Schools are undertaking consultation projects with children and young people, concentrating on integrated assessment and the EHC Plan and personal budgets. Approaches range from ‘Big Brother’ style filming to family consultation to whole school interview.

Manchester

Plan co-ordinators from a range of professional backgrounds have been trained to work with one or two young people each to develop person-centred single plans.

Calderdale• Draft plan developed by parents and practitioners from health, education and social care. • Designed to focus on what children or young people feel is working or not working well for them and on what they want to achieve. •Strong emphasis on developing links with the local community and on building family resilience.• Families work together in groups to develop their individual plans: to develop peer support. Group sessions facilitated by person centred planners, who are also parents of disabled children.

14

Pathfinders are developing accessible ways of communicating

with children, young people and families about personal budgets:

Pathfinder learning: Personal Budgets

Hartlepool and Darlington • A workstream has been set up to investigate how personal budgets might work across Education, Health and Social Care. • A small budget has been set aside to help to develop this for pathfinder families and there is a presumption that parents will be offered a personal budget in the resource element of their plan.

Gateshead

Personal Budgets are being used to buy appropriate support to access school

sites.

Devon, Trafford, Greenwich and Southampton are testing specific brokerage functions to support families.

Bromley & Bexley, Wiltshire, Devon and Medway are developing ‘easy read’ guides and holding workshops with families and practitioners.

Pathfinder learning: engaging the VCS and parents, children and young people

Manchester•Parents are involved in each of the Pathfinder work streams, and have their own representation group. •The Greater Manchester Coalition of Disabled People have a Young People’s Forum which has been commissioned to consult young people in the Pathfinder cohort and more widely

GatesheadA key working function is being provided by Children NorthEast. Skills for People are leading on person-centred planning and advocacy support

Devon• Parents and voluntary sector representatives have been involved in all design work streams through the Pathfinder Reference Group •Using briefing notes, newsletters, Twitter, a pathfinder website, conversation events and briefing sessions to engage with stakeholders

Examples of innovative good practice are beginning to emerge:

Pathfinder learning: preparation for adulthood

Bromley•Working in working in partnership with Special Schools, FE College, Specialist College and third sector partners to develop post-16 education provision and facilities for young people with more complex needs. • Children and Young People’s Services and Adult Services have been integrated to become the Education and Care Services.• A small pilot group of 10 to 15 young people with higher support needs is developing more flexible learning and support packages which will enable them to remain within their local community and access the local FE college.

Hertfordshire • Piloting a new ‘supported employment’ model to help a group of college leavers including NEET young people find sustainable employment.  • Feedback from providers is that they need CPD support around preparing young people for work and engaging employers. 

Good progress has been made in identifying and recruiting young people aged 16-15; a number of areas are undertaking excellent work with mainstream colleges and specialist providers to develop more flexible packages for young people:

17

Next steps

•Regular pathfinder learning events and case studies are informing practice and policy on an ongoing basis – follow progress at www.SENDpathfinders.co.uk •Pathfinder learning and evaluation will feed into the pre-legislative scrutiny phase in autumn 2012 and will be vital for drawing up the detail of draft Regulations and a new Code of Practice•Publication of pathfinder interim evaluation report in October•300-400 families and young people expected to have completed Education, Health and Care Plans by end October•Publication of pathfinder final evaluation report in mid 2013

Expert support for our reforms

• We are working with the Council for Disabled Children to build on and share the expertise in the voluntary sector.

• £6 million a year over two years is being provided to a range of different organisations who will support local areas in putting into practice some of the approaches we know work well. These include:

Short breaksParent

Partnership Services

Early SupportPreparation for

Adulthood

Parent Carer

Forums

Mental health

Early Language

Development

National Network of Parent Carer Forums providing advice to

Government and conduit for voice of parents across the country.

19

Supporting the pathfindersThe Mott MacDonald support team works with all pathfinder areas, providing:

• A core offer of support to all pathfinders, including online resources and regional/national events;

• Tailored support and challenge for each area responding to particular needs;

• A programme of policy development workshops and action learning networks on key Green Paper commitments; and

• Information about and access to additional support from delivery partners and grant holders.

The DfE strategic and delivery partners are also working closely with pathfinders to support particular elements of their work (e.g. preparing for adulthood and parent participation).

Sharing learning is a core part of the support team’s role: www.sendpathfinder.co.uk provides a hub for all those interested in the pathfinder programme, including a number of case studies produced by delivery partners and pathfinder leads.

20

The Local Offer

• To provide information about provision available in the local area or outside the area for local children and young people with SEN and families:

• Education and training, health and social care • Arrangements for travel to and from schools and post-16

institutions and places where early years education is provided

• Local offer to be kept under review and revised from time to time

21

Local Offer – RegulationsRegulations may make provision about:

• The information to be included in a local offer• How the local offer is to be published• Who is to be consulted by the local authority in preparing the

local offer• How a local authority is to involve children and young people

with SEN and their parents in preparing the local offer

…and in particular about information on:• how to seek an assessment for an Education, Health and Care

Plan• Other sources of information, advice and support for children and

young people with SEN and their parents/carers• How to make a complaint about provision

22

Developing the Local Offer

• Transparency is key – the local offer must be clear and easy to access for families

• Cooperation is vital - how the local offer is developed is as important as what’s in it

• How far should Regulations prescribe:• the content of the local offer (birth to 25)• who should be consulted about it• how children, young people and families should be

involved?

The new funding systemE

lem

en

t 1:

Co

re

edu

cati

on

fu

nd

ing

Ele

me

nt

2:

Ad

dit

ion

al

su

pp

ort

fu

nd

ing

Ele

me

nt

3: T

op

-up

fu

nd

ing

Mainstream settings

Pre-16 SEN and AP

Specialist settings All settings

Post-16 SEN and LDD

“Top-up” funding from the commissioner to meet the needs of each pupil or student placed in the institution

Mainstream per-pupil funding (AWPU)

Contribution of £6,000 to additional support required by a pupil with high needs,

from the notional SEN budget

Base funding of £10,000 for SEN and £8,000 for AP placements, which is

roughly equivalent to the level up to which a

mainstream provider would have contributed to the

additional support provision of a high needs pupil. Base funding is provided on the basis of planned places.

Mainstream per-student funding (as calculated by the national 16-19 funding

formula)

Contribution of £6,000 to additional support required

by a student with high needs

PL

AC

E L

ED

PU

PIL

LE

D

23

24

Local Offer and new funding system

Cooperation between local authorities and schools and colleges will be needed to develop the local content of the local offer and establish the relationship between:

• provision that schools and colleges can be expected to make from their delegated funds and

• additional support provided through the local authority’s high needs funding

The information in the local offer should link to more detailed information provided by schools and colleges about their offers

25

Local Offer and new funding system

• What approach should be taken to deciding the content of the local offer for provision made by schools and colleges?

• Are there features that should be common to every local offer?

• How will support services be covered by the local offer?

• What is the role for children, young people and families in the process?