A DfE presentation pack for staff and governors in further educationThe 0-25 Special Educational Needs and Disability

Reforms

Overview of the slides

The SEND reforms require a whole college approach to

students with special educational needs and disabilities. It is

essential that the whole college community - governors,

teaching and non-teaching staff, young people and parents -

understand what the reforms mean for them.

This slide pack has been designed to help college leaders

engage staff and governors so that they understand what is

changing – and to choose which slides are most useful for

different audiences. It is not formal department guidance.

Colleges should feel free to adapt and tailor slides to suit

their own needs.

Participation of children, their parents and young people in decision- making.

Early identification of children and young people’s needs and early intervention

to support them.

Greater choice and control for young people and parents over support.

Collaboration between education, health and social care services to provide

support.

High quality provision to meet the needs of children and young people with

SEND.

Focus on inclusive practice and removing barriers to learning.

Successful preparation for adulthood, including independent living, community

participation and employment.

The reform vision: joined up support across education, health and care, from 0 to 25

The case for change

Too many young people have their

needs picked up too late.

Families feel they have to fight for the support and

co-ordination between services that their children

need.

There are two separate systems: one for school

and one for FE, with a ‘cliff edge’ for many at 16 and

19.

Neither system focuses enough on life outcomes such

as employment, community participation and independent

living.

Young people with SEN are more likely to be NEET (30%

of young people with statements of SEN at 16 are

NEET at 18, compared to 13% without SEN)

The system is service driven rather than person-centred .

Employment rates are poor: 46% of people with

disabilities are in employment compared to 76% non-

disabled. And only 7% of those with learning difficulties

are employed.

Children and Families Act 2014: key changes

New 0-25 SEND Code of Practice – applicable to post-16 settings as well as

schools

Local authorities must publish Local Offer of services

Joint commissioning between education, health and social car

New Education Health and Care (EHC) plans replace statements and Learning

Difficulty Assessments (LDAs)

Personal budgets offered as part of EHC plans

Young people aged 16-25 in FE can appeal to SEND tribunal

Strong focus on preparing for adulthood, including employment

6

New legal duties for providers FE colleges, sixth form colleges, 16-19 Academies and approved independent specialist colleges will have new duties under the Act:

To co-operate with the local authority (a reciprocal duty)

To admit a young person, where the college is named in their EHC plan

To have regard to the new 0-25 SEND Code of Practice

(mainstream providers only) to use their ‘best endeavours’ to secure the SEN provision the young person needs.

From September 2014, each local authority must publish a local offer, setting out provision for children and young people with SEN or disabilities.

The local offer must also include services to support children and young people to prepare for adulthood. Local authorities have a duty to involve post-16 providers in preparing the local offer and must include out-of-county provision where appropriate.

Regulations and the SEND Code of Practice outline who local authorities must consult in developing and reviewing their local offer - many authorities are working with their parent carer forums and other organisations, including young people, to ‘co-produce’ their local offer

Colleges need to continue to work closely with local authorities to develop and contribute to the local offer.

The local offer must provide information to all children and young people with SEN or disabilities - support that is available from the college’s own resources should be included.

Reform in practice: The local offer

Reform in practice: EHC assessment and plans

8

In Greenwich, families are setting up password-protected websites personalised with music, short films and written reports to bring their EHC plans to life. Professionals regularly post video clips and other information to keep the plan up to date.

• From 1 September post-16 providers can request an assessment of education, health and care needs.

• EHC plans must be produced with young people, with the young person as the key decision maker.

• Young people with EHC plans can ask for a college to be named in their plan – but the LA must consult the college about this and consider its suitability.

• The college will contribute to the development of the plan, particularly supporting aspirations and preparing for adulthood.

• EHC plans must be reviewed annually and, from age 13 (Yr9) must include preparing for adulthood

• Colleges should work with local authorities and schools on the EHC assessment and planning process.

• Colleges should inform young people about the EHC plan process, particularly their role in developing the plan.

• Colleges need to consider how they will meet duties to use best endeavours to secure special educational provision and to take reasonable steps to ensure inclusion.

Reform in practice: Personal budgets

9

A personal budget is an amount of money identified to deliver parts of the provision set out in an EHC plan.

Families can request a personal budget as part of the planning process (in drawing up Plan or at Annual

Review).

Can include funding from education, health and social care – in education, funding for personal budgets will

be for more specialist or individualised provision (funded through the high needs block) rather than services

the college is expected to provide as part of their mainstream provision.

A local authority must secure a college’s agreement where any provision, bought by the parent/young

person using a direct payment, will be provided on the college’s premises.

Colleges should personalise the support they provide and may wish to consider contributing their own

funding to a Personal Budget (some colleges have made innovative arrangements with young people, giving

them direct payments).

Colleges should also inform young people about their right to a personal budget and may need to support

them in accessing the funds.

More information around personal budgets can be found on the SEND pathfinders website.

In Hartlepool, personal budgets are being used to fund work placements. Claire hopes to work with animals in the future and is using her personal budget to fund a 10 week placement at a local charity with a small animal farm. The LA helped Claire and her mum negotiate terms and Claire is now using the personal budget to pay for support from a member of staff from the charity, at a cost of £15 per hour.

Children and young people who have a statement or receive provision in further education as a result of

a LDA will be transferred to the new system gradually:

young people in further education with an LDA will transfer to the new system by 1 September

2016; and

children and young people with a statement will transfer by 1 April 2018.

The legislation relating to statements and LDAs will remain in force during the transition period.

Local authorities will be expected to transfer children and young people to the new system in advance of

key transition points in their education such as when they move from secondary school to college.

Young people and parents should know when they will transfer to an EHCP.

There will be Independent Supporters on hand for families who need them, to help make the transfer

as simple as possible.

Colleges will need to review admissions procedures during the transition period and agree referral

arrangements with local authorities for young people that come direct to the college with a statement or

LDA.

Reform in practice: Transition from learning difficulty assessments

Reform in practice: SEN support Under the new Code of Practice, SEN support is being introduced into further education, sixth form and specialist colleges. This means that where a student has a learning difficulty or disability that calls for special educational provision, a mainstream college must use its best endeavours to put appropriate support in place. Young people should be supported to participate in discussions about their aspirations, their needs, and the support they think will help them best. Support should be aimed at promoting student independence and enabling the young person to make good progress towards employment and/or higher education, independent living, good health and participating in the community.

In practical terms, this means colleges will have:

worked with students with SEN and disabilities and their families to put in place arrangements (or structures) on how they will regularly engage and discuss progress

explored how they will monitor and track the progress and development of young people with SEN and disabilities and identify and deliver any training needed by staff;

and will be ready in September to:

support new and continuing students through SEN support, using person centred approaches, and working with families

record all those who need special educational provision in the Individualised Learner Record.

Support needs to start early and should centre around the child or young

person’s own aspirations, interests and needs to enable children and young

people to achieve their ambitions in relation to:

Higher education and/or employment - including exploring different

employment options, such as support for becoming self-employed and help

from supported employment agencies;

Independent living - enabling people to have choice and control over their

lives and the support they receive and their accommodation and living

arrangements, including supported living;

Participating in society - including having friends and supportive

relationships, and participating in, and contributing to, the local community; and

Being as healthy as possible in adult life.

Reform in practice: Preparation for adulthood

For funding purposes, a high needs student is defined as:

A young person aged 16-18 who requires additional support costing over £6,000; and

Any young person aged 19-25 subject to a Learning Difficulty Assessment (LDA) or, from

September 2014, an Education, Health and Care plan (EHC plan) who requires additional

support costing over £6,000.

Students with support costs of less than £6,000 will be funded through the disadvantage pot within an

institution’s 16-19 funding allocation.

High needs funding for 16 to 25 year olds consists of both place funding (Elements 1 and 2) and top up

funding (Element 3). In all instances, top up funding (Element 3) has to be agreed by the local

authority with an institution, and a contract must be in place between the two parties. If the local

authority does not agree to pay top up funding for a student, then they are not counted as high needs for

funding purposes. Providers must not charge fees for those aged 19-25 with LDAs or EHC plans.

For high needs students over the age of 25, the Skills Funding Agency (SFA) assumes the

responsibility for commissioning and contracting provision. However, EHC plans can be extended until

the end of the Academic year in which a young person turns 25 (the local authority’s decision) in which

case they remain within the remit of the EFA.

Further information can be found on the Education Funding Agency website and their Additional

Information document (links at the end)

Reform in practice: High needs funding for Post-16 institutions

Colleges are funded by the Skills Funding Agency for all students aged 19 and over who do not

have an LDA or EHC plan, including those who declare a learning difficulty or disability.

Colleges are still required to use best endeavours to secure the necessary special educational

provision for young adults without a plan.

Students who were funded by the Education Funding Agency and become the responsibility of the

Skills Funding Agency for continuing learning aims will continue to receive Learning Support at the

same level.

Exceptional Learning Support is available for adult learners with support needs that cost more than

£19,000 - colleges seeking to claim support above £19,000 for students aged 19 to 24 without an EHC

plan will have to confirm to the Skills Funding Agency why the learner does not have a plan

Apprentices aged 19 to 25 with EHC plans are fully funded on the same terms and funding rates as

16 to 18 year old apprentices.

Reform in practice: other support for 19 to 25 year olds

What does success look like?Positive outcomes for young people and their families

Positive experience of the system for young people and their families

Effective preparation for adulthood

• Improved attainment and progression of students with SEND.

• Increase in the percentage of KS5 SEND cohort going to, or remaining in, Education, Employment and Training (destination measures)

• Young people and their families know what support there is and how to access it.

• Planned and well managed transition at key points – particularly from school to college and from college into adulthood.

• Parents and young people get the right support at the right time and feel that they are listened to and in control of their choices, decisions and opportunities.

• Conversations about future aspirations start early – at least by Year 9 Review (with colleges being involved)

• Increase in opportunities for young people to participate in programmes to help employability – e.g. apprenticeships, traineeships and supported internships.

• More young people able to live independently post-college and participate fully in the community.

What should providers be doing?

A lead should be overseeing

implementation of the reforms.

The college should be working closely with

local authorities and be reflected in the Local

Offer.

Colleges should be using flexibility offered

by 16-19 study programmes to tailor packages for YP with

SEND.

The college should be developing

partnerships with schools to support transition planning.

Sessions should be held to ensure all staff are aware of the new

SEND Code of Practice and how it affects

them.

All young people with SEND and their parents should be aware of the reforms and what they

mean for them.

Colleges should be considering workforce development needs–

e.g. developing person-centred

planning.

Colleges should be working with local

authorities on the EHC assessment and

planning process.

Colleges should be developing links to

support the employment and

independent living pathways.

What the reforms mean for PrincipalsPrincipals should:

Take overall responsibility for implementing the SEND reforms.

Ensure the wider college community understands the implications of the

reforms – and consider the support and training they may need.

Develop relationships with local authorities, schools, health and social care.

Put in place arrangements to ensure that young people and parents are

regularly engaged in discussions about progress and that young people’s

feedback is used to improve provision.

Explore the support in place for pupils with SEN and disabilities at key transition

points – e.g. from school to college and college to adult life .

Fundamentally review the deployment of learning support staff and their

contribution to maximising the progress of students with SEN and disabilities.

What the reforms mean for tutors Teachers and tutors are at the heart of the new SEND support system, with

the support and guidance of specialist staff.

Teachers/tutors should:

Focus on outcomes for the young person: be clear about the outcome

wanted from any SEN support.

Be responsible for meeting special educational needs: use SEN and

disability specialists and learning support assistants strategically to

deliver high-quality, differentiated teaching, evaluate the quality of

support and contribute to school improvement.

Have high aspirations for every student: set clear progress targets for

students and be clear about how the full range of resources are going to

help reach them.

Involve young people and parents in planning and reviewing progress:

Seek their views and provide regular updates on progress.

 

What the reforms mean for governors Governing bodies hold the overall responsibility for ensuring that the new legal duties

in relation to SEND (slide 7) are met by the college.

Governors must have regard to the SEND Code of Practice, should oversee the implementation of the reforms and provide strategic support to the college Principal and senior leadership team.

Questions that governors may want to ask:

Are young people with SEND being offered the best opportunities to progress into adulthood with paid employment, independent living, good health and community inclusion – for example, does the college offer supported internships, apprenticeships, traineeships etc.?

Are young people with SEND being offered personalised study programmes, and access to mainstream courses?

Is the progress of young people with SEND adequately tracked and is there data to support this (including benchmarking)?

In future years – will the college’s data recording be sufficiently robust to evidence that outcomes have improved for young people with SEND – e.g. destination measures published in 2018 will pertain to students leaving in summer 2015, a year after the reforms have kicked in.

Further InformationThe SEN gateway provides access to all information, training materials and advice funded by DfE and produced by voluntary and community organisations to develop at www.nasen.org.uk

Visit the pathfinder website at www.SENDpathfinder.co.uk for case studies, video clips, evaluation reports and information about delivery partners who are supporting the reforms.

Access the Preparing for Adulthood support materials: www.preparingforadulthood.org.uk

The April FE implementation pack: https://www.gov.uk/government/publications/implementing-the-0-to-25-special-needs-system-further-education

Quick Guide to the Code for FE: https://www.gov.uk/government/publications/send-guide-for-further-education-providers

Further Information (cont.)

AoC – case studies and materials from recent events on the reforms: https://www.aoc.co.uk/teaching-and-learning/sen/projects

ETF excellence gateway SEN platform (good practice examples) - http://send.excellencegateway.org.uk/

ACETT FE Networks - https://www.acett.org.uk

Supported Internships: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/316676/Supported_internships.pdf

EFA HNS webpage- https://www.gov.uk/16-to-19-education-high-needs-funding

16 – 25 High Needs Funding: Additional Information - https://www.gov.uk/government/publications/16-to-25-high-needs-funding-additional-information