The Draft SEN Code of Practice –

An Overview

October 2013

What the Code is

• Statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Bill and associated regulations.

• Provides practical advice on how to carry out statutory duties to identify, assess and make provision for children and young people with special educational needs (SEN).

Who must have regard to the Code local authorities (education,

social care and relevant housing and employment and other services)

early years providers schools FE colleges sixth form colleges academies/ free schools SEND Tribunal

independent special schools and independent specialist providers

pupil referral units and alternative providers

NHS England clinical commissioning groups

(CCGs) NHS trusts NHS Foundation Trusts Local Health Boards

Structure – 9 Chapters

1. Introduction

2. Summary

3. A Family Centred System

4. Working Together Across Education, Health and Care

5. The Local Offer

6. Early Years, Schools, Colleges and Other Education and Training Providers

7. Assessments and Education, Health and Care Plans

8. Children and Young People in Specific Circumstances

9. Resolving Disputes 

Chapter 1 - Introduction

• The duty to “pay regard” to the code• Transition arrangements• Definitions of special educational needs (SEN)• Related legislation and guidance

Chapter 2 - Summary

 The Principles underpinning the Code

•The involvement of children, parents and young people in decision making;•The identification of children and young people’s needs;•Collaboration between education, health and social care services to provide support;•High quality provision to meet the needs of children and young people with SEN;•Greater choice and control for young people and parents over their support;•Successful preparation for adulthood, including independent living and employment. 

Chapter 3 – A Family Centred System

Focus on:•Involving children, parents and young people in decision making•The views of children and young people•Supporting young people and their parents•Impartial Information, Advice and Support•Parent Carer Forums

Chapter 4 - Working Together Across Education, Health and Care

• Working together for positive outcomes• Joint commissioning arrangements• Roles and Responsibilities• Designated Health Officer• Developing a Joint Understanding of Local Needs• Joint Planning and Delivery• Regional Collaboration• The health commissioning duty • Joint Review/ Improving Provision

Chapter 5 - The Local Offer• Principles – Collaborative; Accessible; Comprehensive;

Transparent• What must be included in the local offer• Publishing the local offer• Preparing and reviewing the local offer

Chapter 6 - Early Years, Schools, Colleges and Other Education and Training Providers

• High expectations for children and young people with SEN;

• Support for children and young people with SEN;• The four areas of SEN;• SEN Support in: Early Years; Schools; Further

Education• Funding for SEN Support• Admissions and Inclusion• External Support in Educational Settings

Chapter 7 - Assessments and Education, Health and Care Plans • The need for an EHC assessment

• Co-ordinated assessment, planning and timescales• EHC assessment and planning process• Advice and information for EHC assessments• Writing the EHC Plan• Requests for a school, college or other institution• Requesting a personal budget• Reviewing an EHC Plan

Chapter 8 - Children and Young People in Specific Circumstances

• Looked after children• Care leavers• SEN and social care needs, including children in need• Children and young people educated out of area• Children and young people with SEN educated at home• Children with SEN in alternative provision• Young offenders in custody• Children of service personnel

Chapter 9 - Resolving Disputes

• Principles• Early resolution of disagreements• Disagreement resolution arrangements• Mediation• Parent and young people’s rights to appeal to Tribunal• Disability discrimination claims• Complaints about NHS or social care provision

Next Steps

• Consultation ends ……………….2013• A• B• C• Implementation 1 September 2014