The contribution of the learner – The SEN legislative framework

VITAL Conference

London, 20 January 2015

André Imich, SEN and Disability Professional Adviser, DfE

Children & Families Act 2014 - Highlights

1. Involvement of children, young people and parents

2. All duties apply to all state-funded schools, inc. Academies 3. Coordinated

assessment; 0-25 Education, Health and Care Plan

4. LA, health and care services to commission services jointly

5. A clear, transparent local offer of services for all CYP with SEND

6. Statutory protections for 16-25s; focus on preparing for adulthood

7. Offer of a personal budget; more choice and control

Key principles

S19 of C&FA lays the foundation for working in partnership with children, YP and their parents and carers

LAs must have regard to:The views, wishes and feelings of the child, YP and parent;The importance of allowing them to participate in decisions relating to themselves/ their childThe importance of providing information to enable active participation in decision-makingThe need to support the child, YP and parent to facilitate development and enable the best possible outcomes.

Post 16 decision-making

After compulsory school age (the end of academic year in which they turn 16), right to make requests and decisions applies to YP directly, not their parents.

Parents, or other family members, can continue to support YP in making decisions, or act on their behalf, provided that the YP is happy for them to do so.

Parents likely to remain closely involved in most cases. Bottom line: A decision by a YP re an EHC plan will typically

involve discussion with their family and others, but the final decision rests with the YP.

Exception – those judged to lack capacity.

YP has the right to:

request an EHC needs assessment (up to 25th birthday) make representations about the content of EHCP request that a particular institution is named request a Personal Budget for elements of an EHCP appeal to the First-tier Tribunal about decisions

concerning their EHC plan

Preparing and reviewing the Local Offer

LAs must involve children and YP with SEND in: planning the content of the Local Offer deciding how to publish the Local Offer reviewing the Local Offer, including by enabling them to make comments about it

LAs should ensure that: children and YP feel they have participated fully in the process; have a sense of co-ownership - ‘co-production’. their arrangements for involving children and YP include a broadly representative group of children and YP

The local offer and young people

LAs must engage YP directly in developing and

reviewing the Local Offer.

LAs should: engage a cross-section of YP with a range of SEND establish the issues on which YP most want to be engaged. consider using a variety of methods to engage young people. aim, when organising participation events for YP, to ensure full accessibility by considering:

– timing; transport; physical accessibility; accessibility of content; age appropriateness.

Education Health and Care Assessment and Plans

Highlight the child or young person’s strengths and capabilities Enable the child or YP, and those that know them best to say

what they have done, what they are interested in and what outcomes they are seeking in the future

Some children and YP will require support from an advocate to express views about their education, their health, the future and how to prepare for it.

Practitioners need to be skilled in working with children and YP to help them make informed decisions. All practitioners should have access to training so they can do this effectively.

One-page profiles

Young Inspectors, Isle of Wight: EHCP Feedback

Better than the old statement Like that everyone can apply themselves Mum had received the paper work really quickly All about me - excited by this, enjoyed talking about themselves; felt

that people could see who they were, not just a care plan or a condition. Could not read the font as it was too small The word strength had to be explained that it wasn’t physical strengths

but things they were good at Extremely happy about the plan and how it combined all of their needs

and there weren’t lots of different papers Worried about the outcome part, mainly because they were worried

they would not meet these outcomes