C&F Act 2014 & SEND Code of PracticeChris Rees - 20th October 2014Haringey

The Information, Advice and Support Service Network

The Information, Advice and Support Service Network (formerly the National Parent Partnership Network - NPPN) was established in 1995 under the auspices of the Council for Disabled Children (CDC) to support, develop and promote the work of parent partnership services (PPS) – now IAS Services. The IASS Network is funded by the Department for Education (DfE).

SEND Reform: Timeline

• Part 3: Children and Young People In England with Special Educational Needs and Disabilities

• 64 sections, 43 pages

• Replaces Part IV of the Education Act 1996

The Children and Families Act 2014

Who does the C&F Act cover?

• Children with SEN, and their parents/carers

• Young people with SEN who are aged over 16 and

under 25

• Definition of SEN remains the same

• Disabled children and young people in relation to

certain sections of the Act

C&F Act - New Duties

Definition of SEN is no different to the old definition

Disabled children and young people are those who are disabled under the Equality Act 2010

C&F Act - Key Definitions

C&F Act: Section 19 - Local Authorities MUST have regard to:

• Views, wishes and feelings of the child and his or her parent, or the young person

• Importance of the child and parent, or the young person, participating as fully as possible in decisions

• Importance of the child and parent, or the young person, being provided with the information and support to enable participation in decisions;

• Need to support the child and parent, or the young person, to achieve the best possible outcomes.

C&F Act - Key Principles

• Released in June, approved by Parliament on 28th July

• Provides statutory guidance on duties, policies and procedures relating to:• part 3 of the Children and Families Act 2014 and

associated regulations• Special Educational Needs and Disability Regulations

2014 • Equality Act 2010

• 11 chapters, 281 pages• Replaces 2001 SEN Code of Practice

SEND Code of Practice

MUST‘Where the text uses the word ‘must’ it refers to a statutory requirement under Primary legislation, regulations or case law.’

SHOULD’Where the text uses the word ‘should’ it means that the guidance contained in this code must be considered and that those who must have regard to it will be expected to explain any departure from it’

SEND Code of Practice

What are Key Reform Issues &

How are they addressed through C&F Act and SEND Code

1 – Local Offer

C&F Act Section 30 & Ch 4 SEND Code

• Local authorities must set out information on the education, health and care services a local authority expects to be available for CYP with SEND.

• Local Authorities must involve CYP & parents in preparing and reviewing the Local Offer

• Include what education institutions are expected to provide from their delegated budget

The Local Offer

• Must include support available to children and young people with no Education, Health and Care plan

• Local authorities and partners must cooperate in development and review

• Duty to review and revise the services commissioned in light of comments received

• Must cover support within and outside local area• Detail of content set out in Local Offer

Regulations

The Local Offer (cont)

2 – Joint Working

C&F Act Section 25-28 & Ch 3 SEND Code

• Education, training and social care provision to be kept under review

• Promoting integration and joint commissioning arrangements

• Cooperation across services and institutions• Code clarifies local accountability• Emphasis on strategic partnership with CYP and

Parents also

Joint Working

3 – Information, advice and Support

C&F Act Section 32 & Ch 2 SEND Code

Information, Advice and Support

• Duty on local authorities to provide information, advice and support

• Should be jointly commissioned and cover education, health and social care & SEND

• Services extended to disabled children and young people and those with SEN

4 - Education Health and Care Plans (incl Personal Budgets)

C&F Act Section 33, 36-50 & Ch 9 SEND Code

Distinction between children and young people: • Young person over compulsory school age but under 25

(s83(2))

• Legal entitlements transfer from parent to young person on last day of June in which a young person turns 16 (e.g. right to appeal)

• Subject to Mental Capacity Act 2005

Legal entitlements in relation to EHC plans

A local authority must determine whether to carry out an EHC assessment when:

1) A request is made by a child’s parent, a young person or a representative of a school or post-16 institution2) A child or young person who has, or may have, SEN is brought to their attention

Decision made within 6 weeks of request

EHC Assessments - Consideration

• Legal threshold for EHC assessments is broadly the same as for a statement

• An EHC assessment is an assessment of education, health care and social care needs

• Local authorities must gather evidence from CYP, parents and range of professionals across EHC

• Built on aspirations and outcomes• If local authority decide plan is not necessary –

communicated max 16 weeks after original request

EHC Assessments

• To be drawn up within 20 weeks• Person centred with a focus on outcomes• Include education, health and social care• Extend beyond school, potentially up to 25• Personal budget can be requested • Must include particular sections – A-K (see SEND

Code) but no national template • CYP & Parents – 15 days to comment on draft• Plans reviewed at least once a year

EHC Plans - Key Features

• The aspirations that children, young people and their parents want must be included in EHC plans

• Outcomes must be included in EHC plans – should link to aspirations.

• Outcomes should be SMART• Outcomes will usually set out what needs to be

achieved at end of phase/stage of education

EHC Plans - Based on Outcomes

• Very similar process to a statement – parents or YP can request particular institution

• An institution named in a plan must admit that child or young person

• Right extended to include colleges

Naming an Education Institution

• Must be requested by parent or YP• An amount identified as available to secure

particular provision in the plan• Can take the form of:

• direct payment – funds to parents or YP• arrangement – LA/school holds and commissions• 3rd Party – funds paid to individual/organisation on

behalf of parent/YP• Combination of above

• DP – for school provision consent of Head needed

Personal Budgets

• EHC plans do not end when a young person leaves school – they must be maintained until 18 unless special education provision is no longer required

• EHC plans can be maintained for young people aged 19-25

• Local authorities must have regard to whether the educational and training outcomes have been achieved

Ceasing an EHC Plan

• When LA makes decisions about EHC assessment or plan – must inform parents/YP of right to access mediation

• Mediation arranged by LA, but must be independent (not employee of any LA)

• Appeals to SEND Tribunal can be made in relation to a number of decisions:• not to conduct EHC needs assessment, not issuing

an EHC plan, description of CYPs SEN in a EHC Plan, SEN provision in EHC Plan, named institution, not to amend EHC Plan, to cease to maintain a EHC Plan

EHC Plans – Mediation & Appeals

5 - Children without EHC Plans

C&F Act Sections 34-35 & Ch 5-7 SEND Code

Replaces School/Early Years Action and School/Early Years Action Plus

Schools, early years settings and colleges must: • have regard to the SEND Code of Practice• comply with Equality Act 2010

Schools and colleges must: • use ‘best endeavours’• co-operate with the LA • admit a child/young person if named in an EHC plan

Schools, Early Years Settings &colleges

• Direct, indirect discrimination, discrimination arising from a disability, harassment, victimisation

• Failure to make reasonable adjustments:- to procedures, criteria and practices- by the provision of auxiliary aids and services- by making physical alterations (not schools)

• Accessibility plans (schools), to increase access to:- the curriculum- the physical environment- information, for pupils

• Public Sector Equality Duty

Equality Act 2010

Chapter 5 SEND Code

• Focus on early action•Graduated approach:• assess – plan – do - review

•Include planning and preparing for transition•Practitioners must maintain records, to be made available to parents•Views of child should be taken into account•Records must include how setting supports children with SEND•When child makes ‘less than expected progress’, should consider involving (external) specialists

Early Years

Chapter 6 SEND Code

• When SEN identified – must work with parents on support• Graduated approach:

• assess – plan – do - review

• Include planning and preparing for transition• Practitioners must provide an annual report for parents• When child makes ‘less than expected progress’, should

consider involving (external) specialists• Views of pupil should be included in discussions• Record of outcomes, action and support agreed should be

kept and shared with staff and parents

Schools

Chapter 7 SEND Code• Colleges should be involved in transition planning with

school• YP involved in discussions on support• Support aimed at promoting independence and enabling

progress to employment and/or higher education• Cyclical approach to assessing need, planning, providing,

reviewing and evaluating• Colleges should have access to external specialist services

and expertise• Record of provision and outcomes should be kept and

shared with student and, where appropriate, family

Colleges

Schools must:•have a SENCO •inform parents if making special educational provision for a child/inform the young person•include children with SEN in school activities with other children •publish information on how they meet the needs of children with SEN, the SEN Information report

Schools, Early Years Settings & Colleges

6 - Other Developments

Children and young people in custodyPart 3, sections 70-75Commencement April 2015

Pupils with medical needs in schoolPart 5, section 100, statutory guidanceCommencement September 2014

All new assessments will be EHC assessments and initial local offer should be published

Transfer of statements and LDAs to EHC plans begins (2 years for LDA’s – September 2016, and until April 2018 for statements)

New SEND Code of Practice came into force and move to ‘SEN Support’

From 1st September 2014

Website - www.iassnetwork.org.uk

www.councilfordisabledchildren.org.uk

Email – iassn@ncb.org.uk

Phone – 0207 843 1900

Information Advice and Support Services Network