THE SEND REFORMS

NOTTINGHAMSHIRE FAMILY SEND CONFERENCE 08.12.2014

PAT BULLEN, ASSOCIATE CONSULTANT AND LEICESTER CITY SEND PATHFINDER LEAD

SESSION OUTLINE

This session will cover:

The main changes to the SEN system

Values and drivers underpinning change

Implications for schools

- SEND Information Report

- OfSTED framework

- Governance

- Cooperation with the Local Offer

INTRODUCTIONThe Children and Families Act 2014 came into force on September 1st 2014 and is likely to herald the most significant change to the SEN framework for over 30 years.

The SEN Code of Practice issued in July 2014 provides statutory guidance on the Act for all schools, colleges and other educational settings, local authorities and related health and care services.

This replaces the following legislation and guidance:

1996 Education Act and related SEN regulations

SEN Code of Practice (2001)

Inclusive Schooling (2001)

Section 139A Learning difficulty Statutory Guidance (2013)

MAIN CHANGES TO THE SEN SYSTEM

Changes include:

An extension of the age covered from 0-19 to 0-25 Inclusion of guidance relating to disabled children and

young people as well as those with SEN, now an SEND Code of Practice

Greater emphasis on the participation of children and young people and parents in decision-making at individual and strategic levels

Stronger focus on high aspirations and on improving outcomes for children and young people

Guidance on joint planning and commissioning of services to ensure co-operation between education, health and social care

Inclusion of guidance on publishing a Local Offer by the local authority of support for children and young people with SEND

MAIN CHANGES TO THE SEN SYSTEM

Changes include:

School Action and School Action Plus replaced by SEN support as part of the graduated approach to identifying and supporting pupils with SEN

Behaviour in itself no longer to be seen as SEN but rather as symptomatic of a possible unmet SEN For children and young people with more complex needs a co-

ordinated assessment process and the new 0-25 Education, Health and Care plan (EHC plan) to replace statements and Learning Difficulty Assessments (LDAs)

Statutory assessment process to reflect principles of person centred planning

Personal budgets by parents and or young people (16+) can be direct payments in order to secure part of the provision of an EHC plan

VALUES AND DRIVERS UNDERPINNING CHANGE

A previous SEN system that was:

Too focused on deficits - what children couldn’t do

Focused on provision for children rather than their outcomes

Characterised by low expectations for children with SEN

Poor at supporting young people in achieving their aspirations for adulthood and independence

Paper based and bureaucratic

Confusing and adversarial for parents and where they had to repeatedly ‘tell their story’

VALUES AND DRIVERS UNDERPINNING CHANGE

A reformed system that:

Is outcomes led

Where children, young people and their families with professionals are involved in co-producing plans and support

Is based on a person centred approach for assessment and planning thereby enabling greater personalisation, choice and control for children, young people and their families including the provision of personal budgets

Better supports young people in preparing for adulthood (ie, supporting young people in achieving their aspirations for training/ work, independent living/community participation and good health.

IMPLICATIONS FOR SCHOOLS

Review school SEN policies and practice to ensure:

• A whole school approach to meeting the needs of children with SEND through Quality 1st teaching and ensuring that SEN pupils’ progress is a core part of the school’s performance management and its approach to professional development for all teaching & support staff.

• Systems and procedures to support the graduated approach at SEN support involving increasingly detailed and specialist assessments, planning, interventions and reviews in successive cycles in order to match interventions to the child or young person’s SEN

Assess

Plan

Do

Review

IMPLICATIONS FOR SCHOOLS

Review school SEN policies and practice to ensure:

• Interventions are rigorously monitored and have a sound evidenced base

• Good practice in supporting the participation of parents and children and young people in SEN discussions and decisions.

• Children and young people are prepared so as to make an effective transition to the next stage or phase

• That children and young people with SEND are able to take part in activities of the school alongside those who do not have SEND

• That the SEN policy provides information in line with SEND Information Regulations 2014 on the school’s website

• That the school is able to cooperate with the LA in developing the Local Offer

IMPLICATIONS FOR CLASS/SUBJECT TEACHERS

Class and subject teachers are key to SEN Support, driving the four stages (assess, plan, do, review) of action with the support guidance of the SENCO and specialist staff.

The subject teacher should:

Focus on outcomes for the child: Be clear about the outcome wanted from any SEN support.

Use the SENCO strategically to support the quality of your teaching and evaluation of support.

Involve parents and pupils in planning and reviewing progress: Seek their views and provide regular updates on progress.

Have high aspirations for every pupils: Set clear progress targets for pupils and be clear about how the full range of resources are going to support their progress

IDENTIFYING SEN IN SCHOOLS

A pupil has a SEN where their learning difficulty or disability calls for special educational provision, namely that is different from or additional to that ‘normally available’.

There are 4 broad areas of SEN

Communication and interaction

Cognition and learning

Social, emotional and mental health difficulties

Sensory and/or physical needs

Schools should identify pupils’ current skills and levels of attainment on entry using information from previous settings as appropriate.

IDENTIFYING SEN IN SCHOOLS

Class and subject teachers, supported by SLT/SENCo, should make regular assessments for all pupils in order to identify pupils making less than expected progress given their age and individual circumstances. This can be characterised by progress which:

is significantly slower than peers starting from the same baseline

fails to match or better the child’s previous rate of progress

fails to close the attainment gap between the child and their peers

widens the attainment gap

or where a pupil needs to make progress with a wider development or social need

IDENTIFYING SEN IN SCHOOLS

Where a pupil is making less progress than expected, the first response should be high quality teaching targeted at their areas of weakness.

Where progress continues to be less than expected the class or subject teacher, working with the SENCO, should assess whether the child has SEN. While informally gathering evidence (including the views of the pupil and their parents) schools should not delay in putting in place extra teaching or other interventions designed to secure better progress.

Where a pupil is identified as having SEN, a graduated approach consisting of increasingly detailed and specialist assessments, planning, interventions and reviews in successive cycles should be undertaken in order to match interventions to the child or young person’s SEN

STATUTORY ASSESSMENT

Where a child or young person is making progress which is ‘not adequate’ despite approaches within the SEN Support mechanisms in the school, the school, with parental consent, may then apply for statutory assessment by the LA

Instead of receiving a Statement, all new assessments will produce an Education, Health and Care Plan (EHC Plan) rather than a Statement

All existing Statements must be subject to a special one-off ‘Transfer review’; all must be converted by April 2018, and each LA must specify its transition arrangement in consultation with stakeholders

The reforms in practice: School Admissions

The Act does not change existing duties on schools and LAs about admissions.

• It maintains the general principle, that children and young people with SEN should be educated in mainstream settings.

• Schools including Academies must admit a child named on an EHC plan.

• Parent and young people can request for a school to be named in an EHC plan - the LA must comply with their wish except in exceptional circumstances.

IMPARTIAL INFORMATION, ADVICE AND SUPPORT

The LA must make available an impartial, confidential and independent service for children, young people and parents to provide:

Information about the law on SEN and disability

Information about local SEND policy and practice including matters relating to health and social care

Signposting to alternative and additional forms of advice and support

Information about personal budgets

Supporting disagreement resolution and mediation and providing information about appeals and complaints

Individual support for attending and taking part in meetings

PPS has become SENDIASS- SEND Information, Advice & Support Service

LOCAL OFFERThe LA must develop and publish a Local Offer, setting out in one place, all the information about the support within the local area across education, health and social care for children and young people with SEND.

The Local Offer has two key purposes:

To provide clear, comprehensive, accessible and up-to-date information about the available provision and how to access it, and

To make provision more responsive to local needs and aspirations by directly involving children and young people with SEND and their families and service providers in its development and review

Link to Leicester City’s local offer: http://www.localofferleicester.org.uk/

INTEGRATED ASSESSMENT MEETING

EHC PLAN

A. My views, interests and aspirations and those of my parents/carers for meB. My special educational needsC. My health needsD. My social care needsE. My outcomesF. Special educational provisionG. Health provision reasonably requiredH1. Social care provision under S2 of Chronically Sick and Disabled Persons Act 1970H2. Any other social care provisionI. PlacementJ. Personal budgetK. Advice and information

Education, Health and Care Plan

Personal details:

WHAT THE CHANGES MEANS FOR GOVERNORS

Must have regard to the SEND Code of Practice and should oversee the

implementation of the reform and provide strategic support to the head

teacher

Must publish information on the school’s websites about the implementation

of the governing body’s or the proprietor’s policy for pupils with SEN.

Must ensure that there is a qualified teacher designated as SENCO.

Must cooperate generally with the local authority including in developing the

local offer and when the school is being named in an EHC plan.

Must ensure that arrangements are in place in schools to support pupils at

school with medical conditions.

Must also publish information about the arrangements for the admission of

disabled children, the steps taken to prevent disabled children being treated

less favourably than others, the facilities provided to assist access of

disabled children, and their accessibility plans.

Ofsted: What does good provision for children with SEN look like?• High aspirations for all students, including those who have SEN.• Ensure those pupils in most need receive the most expert support.• Focus on enabling pupils to make the best possible progress, and to increase

their independence, so that they are well prepared for their futures.• Leaders ask challenging questions about the progress and attainment of

every pupil or young person. They use whatever information is available to compare their pupils’ progress against that of other pupils who started at the same level, at the same age, across the country. They do not make excuses for lower rates of progress. They focus on ensuring teaching is strong, that staff meet the needs of all pupils, and provide well targeted challenge in lessons.

• There is a very well-understood view of how to help an individual become self-reliant and independent.

• Ambitions and views expressed by the young people are taken into account when devising the curriculum and style of support.

• The best schools that meet the needs of pupils with the most complex social and emotional needs understand and make use of the community in which the children live as well as the one in which they are educated.

WHAT SCHOOLS NEED TO DO IN AUTUMN 2014

1. Update the schools SEN policy in light of the new Code of Practice- see www.nasen.org.uk for guidelines

2. Review and refresh the schools process for the early identification and assessment of SEND to follow the graduated approach

3. Review pupils currently on SA/SA + engaging the child and parent in decision making and planning, and being clear about the extra support that they need, what impact you expect support to have, and by when. Transfer to ‘SEN Support’ for PLASC in January 2015 or by summer term 2015

4. Review and refresh the schools procedures for effective engagement to ensure children, young people and parents are involved in decision making and planning.

5. Review how the school supports pupils with SEN with their transition to post 16 education and preparing for adult life.

WHAT SCHOOLS NEED TO DO FROM SEPTEMBER (2)

6. Update your website with the SEN Information requirements 2014 (full list, CoP p108.)

7. Know your SEND data and use it as you would PPG data

8. The SENCO , if appointed since 2008, must hold or complete the NASENCO award within three years of taking up post. (unless having over 12 months experience as a SENCO)

9. Parents and carers of students with SEND must be offered three meetings per year to discuss progress

TRANSFER REVIEWS

All Statements of SEN and LDA/139a Assessments must be converted to EHC Plans over the period to April 2018.

First priorities for transfer are all school leavers with Statements – Y11 and Y13/14 in special schools

SCHOOLS, SETTINGS AND COLLEGES

THE SCHOOL SEND INFORMATION REPORT

THE SCHOOL INFORMATION REPORT

Code section 6.74:

‘The governing bodies of maintained schools/nurseries and proprietors of academies must publish information on their websites about the implementation of the governing body’s or the proprietor’s policy for pupils with SEN. The information published must be updated annually, and any changes to the information occurring during the year must be updated as soon as possible. The information required is set out in the Special Educational Needs and Disability Regulations 2014 ‘

WHAT NEEDS TO BE INCLUDED?

Code of Practice 2014 6.2 states:

‘Mainstream schools must :

Prepare a report on the implementation of their SEN policy and their arrangements for the admission of disabled children, the steps being taken to prevent disabled children from being treated less favourably than others, the facilities provided to enable access to the school for disabled children and their accessibility plan showing how they plan to improve access progressively over time’ Code p.80

WHAT THE SEN INFORMATION REPORT MUST INCLUDE:

The kinds of SEN that are provided for

Policies for identifying children with SEN, including how their needs are assessed and who the SENCO is;

Arrangements for consulting parents of children with SEN and involving them in their education;

Arrangements for consulting children and young people with SEN and involving them in their education;

Arrangements for assessing and reviewing progress toward outcomes

WHAT THE SEN INFORMATION REPORT MUST INCLUDE (2):

Arrangements for supporting children and young people moving between educational phases, including preparing for adulthood;

‘the approach to teaching children and young people with SEN’;

Adaptations to the curriculum and learning environment for learners with SEN;

Expertise and training of staff who support children and young people with SEN, ‘including how specialist support will be secured’

Evaluating the effectiveness of provision for children with SEN

WHAT THE SEN INFORMATION REPORT MUST INCLUDE (3):

How children and young people with SEN are enabled to engage in activities available with children and young people in the school who do not have SEN;

Support for improving emotional and social development. Includes pastoral support for listening to the views of children and young people, and measures to prevent bullying;

How the school involves other bodies, including health and social care, etc. in meeting SEN and supporting families.

WHAT MIGHT THE SCHOOL OFFER LOOK LIKE?

Literacy Provision

Numeracy Provision

Social and Emotional Provision

Clubs and other opportunities

Nurture

Speech, language and communication

Autism

Designated Specialist Provision for communication difficulties including ASD (Learning Zone)

Sensory

Physical and Medical

EAL

Targeted support for additional needs14/03/2014 - v17

Reading and comprehension

Writing and spelling

Handwriting

Visual Impairment

Hearing Impairment

INFORMATION FOR PARENTS

Sections of EHC plans:

A. The views, interests and aspirations of [NAME] and those of [HER/HIS] parents for [HER/HIM]

B. [NAME]’s special educational needs

C. The outcomes that the plan will help [NAME] to achieve

D. The special educational provision that [NAME] requires to achieve these outcomes

E. Monitoring

F. Health and care provision that [NAME] needs

G. Any additional provision that [NAME] needs

H. Educational setting for [NAME]

I. Appendices to be read in conjunction with this plan

CHECKLIST FOR SCHOOLS:

1. How does the setting / school / college know if children/young people need extra help and what should I do if I think my child/young person may have special educational needs?

2. How will early years setting / school / college staff support my child/young person?

3.How will the curriculum be matched to my child’s/young person’s needs?

4.How will both you and I know how my child/young person is doing and how will you help me to support my child’s/young person’s learning?

CHECKLIST

5. What support will there be for my child’s/young person’s overall well-being?

6. What specialist services and expertise are available at or accessed by the setting / school / college?

7.What training are the staff supporting children and young people with SEND had or are having?

8.How will my child/young person be included in activities outside the classroom including school trips?

9. How accessible is the setting / school / college environment?

CHECKLIST

10.How will the setting /school / college prepare and support my child/young person to join the setting /school / college, transfer to a new setting / school / college or the next stage of education and life?

11. How are the setting’s / school’s / college’s resources allocated and matched to children’s/young people’s special educational needs?

12.How is the decision made about what type and how much support my child/young person will receive?

13. How are parents involved in the school/college? How can I be involved?

14. Who can I contact for further information?

SCHOOL INFORMATION REPORT

See SE7 Pathfinder site- www.sendpathfinder.co.uk as they have been the ‘leaders’ in developing a responsive Local Offer and working with schools on templates.

Check out OfSTED inspection reports from this term, to see what they say about SEN School information

Keep up to date with your Local Offer and your link with it

USEFUL WEBSITES:http://www.autismeducationtrust.org.uk/

www.interventionsforliteracy.org.uk/

www.thecommunicationtrust.org.uk/whatworks

www.sendgateway.org.uk

http://educationendowmentfoundation.org.uk /

www.localofferleicester.org.uk

THE SHOW MUST GO ON!

The 2014 Act gives us a renewed opportunity to improve outcomes and life chances for children and young people with SEN/D

The Act shifts the lens back to families as the centre of our support and culture

LAs and health bodies must improve our joint ‘act’

Schools have a great weight of expectation placed upon them

The Act aims to simplify bureacracy around SEND processes, and we must make this happen

CONTACTPat Bullen

Patb@nasen.org.uk

Guide for schools:

https://www.gov.uk/government/publications/send-guide-for-schools-and-alternative-provision-settings

Code of Practice:

https://www.gov.uk/government/publications/send-code-of-practice-0-to-25

Guide for parents:

https://www.gov.uk/government/publications/send-guide-for-parents-and-carers

MAKING CHANGE HAPPEN