Implementation of new'ish SEN Law: Hot issues

Working in partnership Copyright IPSEA 2017 1 IPSEA who we are and what we do National charity not dependent on one source of funding

Small core staff + 300 volunteers Give free, independent, legal advice and support Website, e-mail, telephone callbacks, individual case work, advocacy Support over 6,000 individual families PA Submissions based on direct evidence of what families tell us Ensure parent/carer are fully informed of their rights in order to make informed choices Challenge unlawful policy Use the law to ensure children and young people with special educational needs (SEN) and disabilities get the right education and training Copyright IPSEA 2017 2 Sources of Law

Statute i.e. C & F Act 2014 but not forgetting other relevant law such as the Equality Act 2010 (the EqA) and the Mental Capacity Act 2005 Regulation The SEN and Disability Regulations 2014 and The Special Educational Needs (Personal Budgets) Regulations 2014 Case law - which will continue to clarify the law Guidance - The SEN and Disability Code of Practice 2015 dated January 2015 and effective as of 1st April 2015 Copyright IPSEA 2017 3 Overriding objective for LAs working in partnership with parents S.19 Children and Families Act 2014

In exercising a function under this Part in the case of a child or young person, a local authority in England must have regard to the following matters in particular (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. Copyright IPSEA 2017 4

Aim of the section 19 principles Early identification of needs and early intervention Participation in decision making Greater choice and control for young people and parents High quality provision to meet the needs of children and young people with SEN (Para 1.2 SEND Code) The individual duties: Identifying children/young people with SEN Request and process of EHC needs assessment EHC plans including placement preference Annual review process including personal budgets Cease to maintain Copyright IPSEA 2017

5 Partnership with families at a strategic level Duty to keep education and care provision under review (section 27) Educational, training and social care provision within and outside the LA is it sufficient? Seek and publish comments from children, young people and parents re the Local Offer (section 30) Copyright IPSEA 2017 6

Working in partnership with parents Good, honest and open communication is the key to the development of positive working relationships and requires practitioners who listen to parents and are trusted by them... The quality of communication both reflects and is a reflection of the working relationships between professionals and parents. The worst communication generates significant levels of hostility... The best communication engenders impressive levels of confidence and a sense of partnership. (Lamb Inquiry, 2009) Copyright IPSEA 2017 7 Working together at a strategic level for all

children and young people with SEN/D Strategic duty to promote integration of educational provision with health care and social care provision; Objective is well-being of children and young people/improving the quality of SEP (section 25) Joint commissioning across education, health and social care Children and young people with disabilities as well as SEN (section 26) Copyright IPSEA 2017 8 Working together with local partners Includes:

Governing bodies of maintained schools and nurseries Proprietors of Academies Proprietors non maintained schools Governing bodies FE colleges Section 41 opted in schools/colleges Any other person making SEP CCG (section 28) Copyright IPSEA 2017 9 Reciprocal co-operation The LA to co-operate with certain schools in the carrying out of their functions

Mainstream schools/mainstream nurseries 16 to 19 Academies FE Colleges PRUs and alternative provision Academies (Section 29) Copyright IPSEA 2017 10 Strategic duties vs specific duties EHC needs assessment

Provision in EHC plans Annual review Personal budgets Copyright IPSEA 2017 11 Information and advice to be obtained as part of EHC needs assessment The LA must seek advice on SEN/provision/outcomes: (a) (b) (c) (d) (e)

(f) (g) (h) Childs parents or the young person Head teacher or principal of school/post-16 settings that they are attending Medical advice and information from a health care professional Educational psychologist Advice and Information in relation to social care Advice and Information from any other person LA thinks appropriate Advice and information in relation to prep for adulthood and independent living (for pupils in or beyond Yr 9) Any person childs parent or young person reasonably requests If HI and/or VI issues - specialist educationalist. All of this applies equally to

EHC needs assessment carried out as part of transition (Regulation 6(1)) Copyright IPSEA 2017 12 Duty to co-operate Advice giver must comply within 6 weeks Exceptions: Child young person fails to keep appointment Absent from the area for continuous period no less than 4 weeks Exceptional circumstances affect the child, young person or parent

Copyright IPSEA 2017 13 Disagreement over education, health and social care On receipt of a final EHC plan, parents/young people can choose to mediate all parts of the plan The educational parts (B, F and I) can be appealed to the First Tier Tribunal for SEND Copyright IPSEA 2017 14

National trial Follow on from pilot involving 17 LAs Reported success in LAs and CCGs coordinating assessment and provision in all cases Guidance to accompany rights and details of redress if recommendations are not complied with Copyright IPSEA 2017 15 Final thoughts Working together early is likely: To result in more successful outcomes for children and young people

Reduce the use of redress through the appeal process - often where bodies are reactive rather than proactive Improve long term relationships Copyright IPSEA 2017 16 How are others doing it? https://www.gov.uk/government/publications/l ocal-area-send-inspection-outcome-letters https://reports.ofsted.gov.uk/resources/local-au thority-school-improvement-arrangements-insp ections-and-focused-school-inspections ]

Copyright IPSEA 2017 17

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