Series 1: Transitional Arrangements Implementing the SEND Reforms Produced in collaboration with: Contact a Family Council for Disabled Children Early.

Series 1: Transitional Arrangements

Implementing the SEND Reforms

Produced in collaboration with:Contact a FamilyCouncil for Disabled ChildrenEarly SupportInformation, Support and Advice Services Network

Mott MacDonaldNational Network for Parent Carer ForumsPreparing for AdulthoodThe Communications TrustThe Dyslexia-SpLD TrustAutism Education Trust

First of five workshops between Oct – December

Workshops are structured to reflect the legal position and provide an opportunity to share experience across the region

No one has all the answers – and we need to be prepared to change things as we go along

DfE will also be reviewing guidance in due course

Welcome and Introductions

Aims and Objectives

To understand the legal requirements of the transition process as required by the Children and Families Act.

To have the opportunity of sharing experiences and approaches across the region

To discuss issues and generate solutions

To meet the Pathfinder Champion and DfE delivery partners and identify any further support needs

“We want children and young people with special needs and disabilities to achieve well in their early years, at school and in college; find employment; lead happy and fulfilled lives; and have choice and control over their support. The special needs reforms will implement a new approach which seeks to join up help across education, health and care, from birth to 25. Help will be offered at the earliest possible point, with children and young people with SEND and their parents or carers fully involved in decisions about their support and what they want to achieve. This will help lead to better outcomes and more efficient ways of working.”

The vision behind the SEND reforms

• Too many children and young people 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 Statements / LDA 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.

• When 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 at school.

Case for change

Section 19 of the Act sets out the principles that local authorities must have regard to when supporting disabled children and young people and those with SEN under Part 3 of the Act. Local authorities must pay particular regard to:

(a) the views, wishes and feelings of the child and his or her parent, or the young person;(b) the importance of the child and his or her parent, or the young person, participating as fully as possible in decisions relating to the exercise of the function concerned;(c) the importance of the child and his or her parent, or the young person, being provided with the information and support necessary to enable participation in those decisions;(d) the need to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes.

Principles that underpin the change

• As of 1st September 2014 – the new legislation will be in operation and no new statements can be requested or LDAs carried out. From that date, LAs must consider all new requests for an assessment as a request for a Education, Health and Care (EHC) needs assessment.

• The key legal test for whether a child or young person requires an EHC plan remains virtually the same as that for a statement of SEN under the Education Act 1996. The test is whether :

“the special educational provision required to meet the child or young

person’s needs cannot reasonably be provided from within the

resources normally available to mainstream early years providers,

schools and post-16 institutions (SEND Code of Practice 2014)”.

Overview

• All children and young people who currently have statements of SEN must be transferred to the new system by April 2018. In order to transfer a child with a statement to the new system, the LA must undertake a transfer review. This will require them to undertake an EHC needs assessment.

• Where it is still required, the statement must be maintained (i.e. the provision that a child receives must continue) and will have the same legal force until completion of the transfer review.

• Once the transfer review begins, the right to appeal the statement ceases and parents/young people must use appeal rights under the new law.

• Young people with LDAs will not have a transfer review. From 1st September 2014 young people in FE and training who receive support as a result of an LDA can choose to request an EHC needs assessment

Overview continued

A local authority should publish its first local plan in September 2014 to ensure that parents and young people can access information about when they will be transferred to the new system and how the transfer process will work.

The local strategy should be co-produced with children, young people and their parents and outline:

•Which children and young people will be transferred to the new system first;•How many children and young people will be transferred each year; and•Details of the transfer review process.

Developing a local strategy

They are…

• individuals that are recruited and deployed by the private, voluntary and community sector or via the Parent Partnership Service (now known as Information, Advice and Support Services);

• there to provide advice and support for parents of children with SEN, and young people with SEN, through the EHC processes;

• there to work alongside parents by offering a range of time-limited support such as liaison across different agencies and advice on personal budgets;

• there to offer support that can be tailored to the particular needs of individual parents and young people;

• to act on behalf of the parent and young person and independent from the local authority.

The role of Independent Supporters

• Children and young people with statements of SEN must receive a transfer review in order to move to the new system. All children and young people with statements must be moved to the new system by April 2018.

• A transfer review requires a local authority to undertake an EHC needs assessment under section 36 of the Children and Families Act 2014.

• Local authorities are required to prioritise certain groups of children and young people in certain years.

Children and young people with statements of SEN

• The EHC needs assessments should be person-centred and focused on outcomes – local authorities should avoid simply changing the name of the statement.

• As part of the ‘transfer review’, local authorities must ensure that the child’s parents or the young person are invited to a meeting to contribute to the transfer review.

• Following the EHC needs assessment, local authorities must decide whether an EHC plan is necessary. However, no child or young person should lose their statement and not have it replaced with an EHC plan simply because the system is changing.

Children and young people with statements of SEN

• The child’s parent or the young person and the head teacher of the school attended by the child or young person must be notified of the transfer review at least two weeks before it starts

• The transfer review should replace the annual review of statement

• The EHC needs assessment must be completed within 14 weeks of transfer review being initiated

• There are exceptions to these timescales where there is an ongoing appeal or where it is “impractical”.

• The local authority must comply with timescales unless pending Tribunal appeal or if it “impractical” to comply.

• The statement must be maintained until completion of transfer review.

Transfer review process for statements of SEN

• Following the EHC needs assessment, the local authority must decide whether it is necessary to draw up an EHC plan

• If an EHC plan is needed, the final plan must be in place within 14 weeks of the transfer review beginning and be sent to parent or young person and the institution named in the EHC plan.

• If an EHC plan is not needed, the LA must notify the child’s parents or young person within 10 weeks of beginning transfer review. Parents or young people can appeal this decision.

• Existing statements of SEN will NOT cease until end of period for registering an appeal.

• If appeal registered statement will continue until appeal is concluded.

Concluding a transfer review

Between 1 September 2014 and 1 September 2015 as a minimum local authorities must transfer children and young people with statements of SEN to the new arrangements prior to them transferring from school (including school sixth forms) to a post-16 institution of an apprenticeship.

This must be done by 31 May 2015

The LA must make the following transfers in 2014/15

In addition to complying with the ‘must’ set out on the previous slide, LAs should prioritise transfer of children and young people in the following groups in 2014/15:

•those moving from early years settings to school (including where the child remains at same institution).

•those moving from an infant to a junior school.

•those moving from primary to middle school.

•those moving from primary to secondary school.

•those moving from middle to secondary school.

•those moving from mainstream to a special school or vice versa.

•children in year 9 and all children in year 6 (in 2014/15, local authorities must take account of the wishes of families of children in year 6 in determining whether to conduct a transfer review in that academic year).

The priority groups for 2014/15

• All children and young people in year 11, not just those who are moving into FE or training;

• Children and young people leaving custody;

• Children and young people with statements of SEN issued with non-statutory EHC plans before 1 September 2014;

• Those moving between one LA and another; and

• Those who receive direct payments under the SEN Direct Payments pilot.

The priority groups for 2014/15 cont’d

Local authorities must transfer children and young people with statements of SEN to the new arrangements in year 9 and prior to them moving from:

•those moving from early years settings to school (including where the child remains at same institution);•an infant to a junior school;•primary to middle school;•primary to secondary school;•middle to secondary school;•School (including school sixth forms) to a post 16 instituion or an apprenticeships;•mainstream to a special school or vice versa.

September 2015 – April 2018

Timescales when transfer review is between phases of education

• 31st May 2015 for children and young people transferring to post-16 in September 2015

• 31st March in subsequent years for post-16 transfer

• 15th February in all other cases for a September transfer to a new phase

Timescales for Transition

Where the LA is considering the request – they must inform the parent whether or not it intends to conduct within 6 weeks (unless “impractical”). The LA may:

• Consider the request under the old system and comply with Part 4 Education Act 1996

• OR treat as request for EHC needs assessment under s36 CFA 2014 IF child’s parents or young person agrees

Where assessment is in progress:

• LAs must continue with old system UNLESS parents/young person agree to treat as EHC needs assessment

• LA should anticipate requirements of EHC assessment when conducting

Children under assessment or re-assessment for a SEN on 1st September 2014

• Transfer must be completed by September 2016.

• No automatic consideration of whether young people with LDAs should have an EHC plan – so areas need to consider how parent carers and young people are informed of this.

• Young people, or the professionals they work with will need to approach the local authority.

• Local authorities must decide whether an EHC assessment is necessary.

• The legal test for considering whether an EHC assessment is required for a young person with an LDA will be the same as for any other young person.

Children and Young People who have/would have LDAs

• 2500 children in 31 Local Authorities have non-statutory EHC Plans. Transfer to statutory EHC plans should happen over 2014/2015.

• LA should treat as if statutory BUT some may require additional assessment or restructuring to comply with Act and Regulations.

• LAs should contact parents/young people before 1st September 2014 to inform them that:

Transfer will happen by next annual review. Provision in non-statutory EHC plan will continue until transfer. Transfer should be quick if information in the non-statutory EHC

is recent and relevant.

Children and young people in pathfinder local authorities

• The new SEN support arrangements come into force from 1 September 2014.

• Early Years/School Action and Early Years/School Action Plus will be replaced by SEN support: a graduated approach to identifying and meeting SEN.

• Children and young people currently on Early Years/School Action or Early Years/School Action Plus should receive SEN Support unless their circumstances have changed.

• Focus on culture change-review how children, young people and parents are engaged and have early conversations.

• It is anticipated that most children receiving School Action / School Action Plus children will have transferred to SEN support category by spring 2015, with all pupils moving to SEN support by September 2015.

Children and young people without EHC plans

In small groups, discuss your strategy for transitioning to the new system and your transitional plan

Consider: •How have you built in the engagement of CYP and parents/carers

•Coping with additional demand

•Local priorities and timescales

•Culture change: Embedding Section 19 Principles in Transfer Review

•Cross boundary issues

Task

Create your own tailored list of resources and further reading from Section 2 and 3.

Resources and Further Reading

Please help us to keep improving these workshops by completing the evaluation form at

Participant evaluation:https://www.surveymonkey.com/s/sendreformworkshops

Facilitator evaluation: https://www.surveymonkey.com/s/RGVNV9M

Evaluation

Pathfinder ChampionsNorth WestWigan, Manchester. Salford & LancashireNorth EastDarlington and Early SupportYorkshire and HumberCalderdale and YorkWest MidlandsConsortium of all 14 LAsEast MidlandsLeicester and Nottinghamshire

Support available to local areas

East of EnglandHertfordshire and BedfordLondon 1Bromley, Bexley and EnfieldLondon 2SE7South EastSE7South West 1CornwallSouth West 2Southampton and Portsmouth

http://www.sendpathfinder.co.uk/pathfinderchampions/

Support available to local areas

Delivery Partners

Contact a FamilyCouncil for Disabled ChildrenEarly SupportInformation, Support and Advice Services NetworkNational Network for Parent Carer ForumsPreparing for AdulthoodThe Communications TrustThe Dyslexia-SpLD TrustAutism Education Trust

If parent carers want to get involved strategically they can join their local parent carer forum.http://www.nnpcf.org.uk/get-involved/

If parent carers need information, advice or support, then contact your local Information, Advice and Support Service.www.iassNetwork.org.uk/findyouiass

To find out which organisation is providing Independent Support in your local area contact.http://www.councilfordisabledchildren.org.uk/what-we-do/independent-support

Further information

The Implementing the SEND reforms workshop series has been collaboratively produced by:

Implementing the SEND reforms workshop series

Series 1: Transitioning from the old to the new system

Series 2: Understanding EHC plans

Series 3: Best practice in joint commissioning

Series 4: Engaging parent carers

Series 5: Engaging children and young people

Series 6: Preparation for adulthood

Series 7: Understanding SEN Support

Series 8: Early Years providers

Series 9: Personal budgets