Children and young people without Education, Health and Care plans

Disabled children and young peopleEquality Act 2010 Part 3 Children and Families Act 2014

Children and young people with SENPart 3 Children and Families Act 2014

Pupils with medical conditionss100 Children and Families Act 2014

A physical or mental impairment with an adverse effect on the person’s ability to carry out normal day-to-day activities.

Effect must be:substantial long-term

All conditions need to be considered as they wouldbe without ‘treatment

Definition of disability

Learning difficulty A significantly greater difficulty learning than the majority of children; orA disability that hinders access to educationalfacilities+Requires special educational provision Provision that is additional to or different from theprovision normally available

Definition of special educational needs

Not defined in the Children and Families Act orstatutory guidance

Common sense?

Definition of a medical condition

Exercise

Schools must make reasonable adjustments:

Three elements:• Provision, criterion or practice • Physical features: does not apply to schools;

schools must have an accessibility plan• Auxiliary aids: schools included since 1 Sept

2012

These duties are anticipatory

Equality Act

Part 3 Children and Families Act, schools must:

• have regard to the SEND Code of Practice

• use ‘best endeavours’

• SEN support: assess, plan, do, review

SEN Support

School policy

Providing Individual Healthcare Plans

• Needs

• Level of support needed

• Who will provide support

Staff training

Pupils with medical conditions

Accessibility strategy

• increasing the extent to which disabled pupils can participate in the school’s curriculum

• improving the physical environment so that disabled pupils can benefit from what the school provides

• improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled

Information and reports (1)

SEN information report

• Policies on identification and assessment

• Policies on assessing and reviewing progress, adapting the curriculum, how to access additional support

• Expertise of staff

• Arrangements for involving parents

• Name and contact details of SENCo

Information and reports (2)

School policy on supporting children with medical conditions

• Who is responsible for ensuring that sufficient staffare suitably trained

• cover arrangements in case of staff absence

• risk assessments for school visits, holidays etc…

• monitoring of individual healthcare plans

Information and reports (3)

The education, health and care provision a local authority expects to be available for disabled children and young people and those with special educational needs, including:

What early years settings, schools, and colleges provide from their delegated budgets

The local offer

Implementing SEN Support

• Behaviour sits outside any of the 4 areas• Recognised as occurring across all areas, a surface

feature• New category is social, emotional and mental

health difficulties• Others remain the same: communication and

interaction; cognition and learning; sensory and/or physical needs

• Better linkages to access arrangements and Equality Act 2010

4 areas of need

• Removal of School Action, School Action Plus• Graduated response• Cycle of assess, plan, do, review• External specialists at any point• Expected progress criterion:

where, despite the school having taken relevant and purposeful action to identify, assess and meet the SEN of a child or young person, the child or young person has not made expected progress, the school or the parents should consider requesting an EHC assessment

SEND Code of Practice

• Individual Education Plans are not required by the Code

• Parent participation in identification and should meet 3 times a year

• Discussion with parents should focus on : needs, outcomes, provision, and timing for review

• A note of discussion given to parents • Schools required to keep records

SEND Code of Practice

• 1 Year to transfer children and young people to SEN support

• Focus should be on culture change rather than procedure

• The definition of SEN has not changed: children and young people should not lose support unless:• Their needs have changed• The school has changed its universal offer

Transition to SEN support

Some of the current challenges

Core element (school): the basic unit of per-pupil funding distributed to all schools which will be in a local area. £2-4,000 per pupil. Notional SEN budget element (school): schools are expected to pay up to £6,000 per pupil with additional needs. High needs element (local authority): top-up funding held the by the local authority to fund above the school level elements

Challenges - funding

Having clear expectations of what schools areexpected to provide from their notional SEN budgets

Having clear agreements in place about how schoolscan access top-up funding – moderation; panels;financial thresholds

Having criteria in place for how EHC assessment andplans relate to funding

Solutions - funding

National curriculum level descriptors have beenremoved

Proposed replacements leave a significant gapbetween P8 and lowest ‘performance descriptors’

Identifying SEN and judging ‘expected progress’ maybecome increasingly difficult

Challenges – measuring progress

NAHT commission:

• Schools should use consistent criteria for assessment

• Schools should work in collaboration, for example in clusters, to ensure a consistent approach to assessment

Local authorities can support this by requiring a consistent approach to assessment when considering requests for funding/EHC assessments

Solutions - measuring progress

Other questions or comments