Draft Legislation on Reform of Provision of Young People and Children with SEN Children and Families Act.

Draft Legislation on ‘Reform of Provision of Young People

and Children with SENChildren and Families Act

Published on 3rd September 2012

• Proposals to reform provision for children and young people with special educational needs

• They are intended to reflect the changes they had previously outlined in the SEND Green Paper (March 2011) and the Support and Aspiration: A new approach to SEND report on progress (May 2012).

Key Points

1. Legal definition of special educational needs remains the same

Key Points

2. Local authorities and clinical commissioning groups must make arrangements for jointly commissioning services for children with SEN in their area. Which means they will have joint responsibility.

Key Points

3.Local authorities must produce their ‘local offer’ of available education, health and care services

• The aim is to provide transparent information to parents on the support available for all disabled children and young people and those with SEN.

Key Points

4.Education, Health and Care Plans (0 – 25) replace statements of SEN and must include the outcomes sought for the child or young person

Key Points

5.Section 139A assessment (Learning Difficulty Assessments) cease to apply and is replaced by a re-assessment /annual review of the EHC Plan

• The draft provisions set out measures that will offer new statutory protections to young people over 16 and that will streamline the system to improve transition to adulthood

Key Points

6. All of the provisions of the Bill will apply to all schools which means that Academies and Free Schools are to have the same duties as maintained schools to provide educational support for children and young people with SEN

• Academy must admit a child to the school where it is named in the EHC plan

Key Points7. Schools must still have an SEN Co-ordinator

Key Points

8. Right to a mainstream education remains the same for those who want it.

Key Points

9. Parents are to be given the option of a personal budget to buy-in provision for their child.

• Local authorities must prepare personal budget in relation to an EHC plan where a request has been made by the parent or young person

Key Points

10.Compulsory requirement for a parent or young person to participate in mediation before they can appeal to the Tribunal

• So, parents or young people must take part in mediation before making an appeal to the SEND Tribunal re: the needs and special educational provision outlined in the EHC plan

• SEND Tribunal will only be able to consider issues relating to the educational provision contained within the plan

• Pilot scheme will be established to enable children to appeal to the SEND Tribunal

Key Points

11. There will be a revised Code of Practice

Where we are now?….• The current system still remains• The proposed reforms are currently being

tested in 20 pathfinder areas, covering 31 local authorities and their health partners. In a ministerial statement, the Government says that it “looks forward to receiving views and feedback on the draft clauses, whilst it continues to learn from its pathfinder programme, before introducing legislation at a later date.”

• Proposed implementation of legislation - May 2014

Detailed responses will shortly be made available from organisations

such as: • National Association of Special

Educational Needs www.nasen.org.uk

• IPSEA (Independent Panel for Special Educational Advice) www.ipsea.org.uk

The draft provision and the accompanying explanatory notes

can be found on:

• http://www.parliament.uk/documents/commons-vote-office/September_2012/03-09-12/5.Education-SpecialEducationalNeedsReform.pdf 

Somerset Parent Partnership Service

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Website: www.somersetparentpartnership.org.uk