SEN and Disability Green Paper: Update

March 2012

carol.lynagh@education.gsi.gov.uk 01325 39735344

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Pathfinders

DfE and DH appointed 20 pathfinders representing 31 local authorities and PCT partners with three common objectives:

To develop a new birth to 25 assessment process and single plan incorporating education, health and social care assessments, bringing together the range of support on which children, young people and their parents and families rely; To explore how the voluntary and community sector could improve access to specialist expertise and to introduce more independence to the process; and To ensure the full engagement of children, young people, and their parents and families.

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Pathfinder activity

All pathfinders are working within existing statutory frameworks to test core elements, including: A multi-agency approach, with clear lines of accountability Links between support planning and strategic commissioning, particularly through health and well-being boards Use of personal funding Pooled and aligned budgets Focus on outcomes in a single plan Transferability of social care support across area boundaries VFM and cost Mediation for parentsSome pathfinders are testing optional elements of banded funding, age range, support to parents and support to vulnerable groups

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Pathfinder activity

Note on statutory frameworks: Pathfinders have been set up to test how to reform the system including statements and statutory framework – but we are not suspending any part of the existing framework in pathfinder areas during this period of testing We are encouraging pathfinders to work creatively in partnership with parents, schools/ colleges, voluntary sector partners etc to find new and better ways to meet the needs of disabled children and those with SEN – but parents will retain their right to request an assessment and the LA will retain their duties in relation to assessments and statementsAmendment to Education Act 2006 to test use of direct payments for special educational provision (noting that all statutory requirements on LAs remain the same)

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Support for pathfinders and wider learning

DfE has appointed Mott McDonald as the support team for the pathfinders

Core part of their role is to share learning widely – both within the pathfinder community and widely across all local authorities/ PCTs Pathfinder support team is brokering communications between pathfinders and other organisations (including the SEND contracted national delivery partners, and grant funded VCS organisations) – so that good use is made of wide range of expertise and experience Learning is beginning to be shared widely, including through the pathfinder website: www.sendpathfinder.co.uk

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Key questions/issues facing the pathfinders

How to determine which child or young person should have a single assessment and plan and how this will work alongside a local offerWhat should the new Education, Health and Care plan should look like/contain The timescale for completing single assessments, when the plan should be reviewed and who should be involvedDetermining accountability arrangements across the range of services included in the planPersonal Budgets

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What have pathfinders achieved to date? (1)

Planning and initiation: from September 2011 until early 2012 Pathfinders’ initial priorities have been developing their systems and

setting up the key partnerships between and across services which will underpin an effective single assessment and planning process, for example:

– Several pathfinders are working towards formal agreements between local authorities and health services, including Memoranda of Understanding, shared governance and pooled or aligned budgets;

– Many pathfinders are using the opportunities that the education and health reforms present to improve arrangements for joint working, such as the new Health and Wellbeing Boards overseeing the pathfinder work; and

– Prioritising the early engagement and involvement of children, young people, their families, VCS organisations, schools and colleges in shaping local change.

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What have pathfinders achieved to date? (2)

Recruitment of families: February 2012 onwards Many areas are now recruiting families to trial single

assessment and planning processes. We expect that by autumn:

– A significant number of children and young people in all pathfinder areas will have education, health and care plans agreed after having been through a single assessment process;

– Pathfinder areas will have started to use direct payments for education services; and

– SQW’s interim evaluation report will present initial findings on the impact of reform from their evaluation of the case study areas which are running control groups in tandem with the new single assessment and planning process.

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What will pathfinders be doing next?

Testing and learning: March 2012 onwards Pathfinders will continue to develop, review and test new processes

across the core and optional elements with support from Mott MacDonald, including the use of education direct payments.

The independent evaluators will report regularly on progress across the programme (with published reports in spring and early autumn).

Mott MacDonald has established a programme of policy development workshops and action learning networks with, for example, events for pathfinders focussing on the single assessment and plan, personal budgets and banded funding.

Sep 11 Jan 12 April 12 July 12 Oct 12 Jan 13 April 13 2014 onwards

The SEND pathfinder story…Initial set up - Bids approved, programme launched (end Sept)

Recruitment of families and ongoing engagement - Local governance in place (by Feb); families recruited for single assessments starting in Feb, (all pathfinders by July)

Testing and learning - of assessment and planning process; action learning networks including personal & banded funding, assessment and plan (from March); regular feedback on learning

New offer for children, young people & families - Education direct payments made EHC Plans in place in all pathfinders ; local offer goes live

Rollout phase - Final evaluation report (March 2013). Best practice shared. Possible extension of pathfinders

By 2014 all children currently with statement entitled to EHCP and choice of personal budget

Pathfinders: Children’s Personal Budgets

The option of a personal budget for all families and children with an Education, Health and Care by 2014.

We need Pathfinders to test: – The scope of a personal budget – Mechanisms to give families control.– Impact and consequences of a personal budget

In conjunction with wider core activities we need pathfinders to establish:– How the option of a personal budget links to the development of the

assessment process and single plan.– The impact on families including their engagement in the planning

process and on outcomes.– The impact of an entitlement to a personal budgets on commissioning,

planning and cost-effectiveness of services.

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Scope – Education Services

‘We want to build on the positive experience of the IB pilots …to test whether any school based services could be included. ’

March 2011 - IB packages were including funding for extended services, early years and limited amounts of school transport funding.

July 2011 – Evaluation of IB pilot supports direction of travel in Green Paper.

Pilots extended to 2011-12: testing how they can broaden IB offer to include education (and health) funds. In education, they are making progress with:

– Funding for early years;– Funding for SEN transport budgets; – Disaggregation of the LA based element of the SEN statement budget;– Work with individual schools.

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SEN Direct Payments

‘We will test how the scope of direct payments might be increased to include funding streams from education…’

Education Act 2011: new power to establish a pilot scheme to test the use of direct payments for children and young people with:

– A statement of SEN; or – A learning difficulties assessment.

Within any scheme, direct payments can be made for:– Special educational provision as set out in part 3 of the statement;– Provision to meet SEN in the LDA; and– Transport provision.

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The SEN (Direct Payments)(Pilot Scheme) Order 2012Order sets out a framework for the pilot including:

– When a direct payment can be requested/offered.– Reaching agreement and consent. – Use of nominees and representatives.– Arrangements for transition at 16.– Safeguards on public expenditure/for other service users. – Informing parents of decisions/rights of review. – Monitoring and review of the DP.– Information, advice and support.– Conditions for receipt of a direct payment.

Came into Force 30 January 2012.