SEN and Disability National Policy Update National

SEN and Disability – National Policy Update National Sensory Impaired Partnership (NATSIP) 7 November 2012 Phil Snell, SEN and Disability Division, Df. E

The Transformation Journey March 2011: Green Paper Support and Aspiration - A new approach to special educational needs and disability May 2012 - Support and aspiration: Progress and next steps Sept 2012 – Draft legislation on reform of provision for children and young people with SEN

Green Paper 2011: Support and Aspiration Our vision is of a system in which: üChildren’s SEN are picked up early and support is routinely put in place quickly; üStaff have the knowledge, understanding and skills to provide the right support for CYP who have SEN or are disabled; üParents know what they can reasonably expect their local school, college, LA & local services to provide, without having to fight for it; üAspirations for CYP is raised through an increased focus on life outcomes üFor more complex needs, an integrated assessment and a single Education, Health and Care Plan from birth to 25; and üThere is greater control for parents over the services they and their family use.

Key Highlights of Draft Legislation 1. More streamlined assessment process, which integrates education, health and care services, and involves CYP and their parents. § New 0 -25 Education, Health and Care Plan, replacing Statements and Learning Difficulty Assessments, which reflects the child or young person’s aspirations for the future, as well as current needs. 2. New requirement for LA, health and care services to commission services jointly re meeting the needs of CYP with SEN & disabilities. 3. LAs to publish a clear, transparent ‘local offer’ of services for all CYP with additional needs, so parents can understand what is available. 4. New statutory protections for young people aged 16 -25 in FE and a stronger focus on preparing for adulthood. 5. Offer of a personal budget for families and young people with a Plan, extending choice and control over their support. 6. Academies, Free Schools, Further Education and Sixth Form colleges to have the same SEN duties as maintained schools.

1. Education, Health and Care Plan (EHCP) § built on a much stronger, integrated assessment process which includes parents, CYP, & range of professionals. § statutory protections will extend to young people in further education and to young children from birth to five. § a clear focus on outcomes so that it is built on agreed aspirational and realistic aims for the child or young person, including employment and independent living. § part of an overall system change which requires local agencies to arrange integrated education, health and social care provision jointly and clearly.

2. Joint commissioning • New duty for local authorities to ensure integration across special education, health and social care where it would promote wellbeing. • Local authorities and clinical commissioning groups will be required to work together to arrange local services to meet the education, health and care needs of disabled children and young people and those with SEN. • This will help ensure that services such as speech and language therapy are available, and that parents aren’t caught in the middle while agencies work out who is to provide the support their child needs.

3. Local offer § LAs must make available information on services for the full range of children and young people who are disabled and those with SEN. § Schools, FE colleges and health agencies must cooperate with the LA to make sure that the local offer includes information on their services and how to access them. § This will help parents to access the support they need and make choices about the best ways to do so.

4. Preparing for adulthood • The 0 -25 Education, Health and Care plan will create a single system with the same rights for all young people, regardless of age. • The new arrangements allow for a plan to continue until a young person’s 25 th birthday when in further education or training. • It will be much clearer about young people’s own ambitions for what they can achieve, and what outcomes they are seeking. • We will give young people the right to ask to attend a particular FE college, and for that institution to admit them unless it is unsuitable for their education or the education of others. • Give young people the right to appeal to the First-Tier Tribunal if they are unhappy with their arrangements.

5. Personal budgets § Parents of disabled children and those with SEN, and young people themselves, will have a legal entitlement to a personal budget where they have an EHC Plan. § It will enable families and young people who want to do so to buy services themselves through direct payments, extending their choice and control.

6. Academies and Free Schools § The SEN duties on schools are extended to all Academies, including Free Schools. § This means that all schools will be under the same duties to: - admit children where the school is named in their EHCP - use their best endeavours to secure special educational provision; - have regard to the Code of Practice; - cooperate with the LA; - designate a SENCo and publish information about SEN provision. § These provisions reflect the requirements currently in most funding agreements signed since introduction of Academies Act 2010. However, the legislation will give greater clarity to Academies, parents and CYP.

SEND Pathfinder programme • Pathfinder programme – 20 pathfinders (31 LAs) and their health sector partners are testing the key reforms. • Emerging findings will inform development of the Children and Families Bill during the pre-legislative scrutiny phase, while regular pathfinder policy working groups, case study information and action learning networks will inform practice and policy on an ongoing basis. • Evaluation of the pathfinder programme is being carried out by SQW.

Timetable for reform (Indicative) § September to December 2012 – a 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 key stakeholders, and for us to continue to learn from the experience of the Pathfinders. § December 2012 – Education Select Committee publishes a report of its findings. § Early 2013 – improved Bill introduced into Parliament. § Spring 2014 - Royal Assent (subject to Parliamentary process) § From September 2014 – implementation

From now until enactment § Business as usual § 1996 Education Act and current Code of Practice still apply § Pathfinder learning will support preparation for implementation – Ministers will make a decision on extending the pathfinders in October or November. § Transition arrangements will be clarified by Df. E

Further Key Developments

Single School Category § In 2012 we will work with experts on replacing the current categories of School Action and School Action Plus (and their equivalents in the early years) with a single category. § In doing so we will ensure a focus on outcomes rather than processes in SEN identification, and on ensuring that pupils’ needs are not missed. § The revised SEN Code of Practice to give clear guidance on identifying children who have SEN and on the operation of a new single category of SEN.

BESD – Identification and support § 52% of respondents judged the current category of BESD to be unhelpful (too broad; a ‘catch all’) in identifying and meeting the underlying needs of children, such as those with emotional and social difficulties. § Too much focus placed on poor behaviour. § We are working with experts to consider how the BESD category might be redefined, or described in a way that helps professionals to identify what underlying emotional or social issues might be present, and ensure the right help is put in place.

………… Questions ………… Comments ………… Points of clarity ………… Discussion