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As part of the new Children and Families Act the government is transforming the system for children and young people with special educational needs (SEN) including those who are disabled, so that services consistently support the best outcomes for them.
The Act extends the SEN system from birth to 25, giving children, young people and their parents, greater control and choice in decisions and ensuring needs are properly met. It takes forward the reform programme set out in Support and aspiration: a new approach to special education needs and disability including:
The special needs reforms implement a new approach which seeks to join up help across education, health and care from birth to 25. Help will be offered at the earliest point, with children and young people with special needs and their parents or carers fully involved in decisions about their support and what they want to achieve. This will help lead to better outcomes and more efficient ways of working.
The vision for children and young people with special needs should be the same as for all children and young people-that they achieve well in their early years, at school and in college; lead happy and fulfilled lives; and have choice and control.
The Act received Royal Assent earlier this year with implementation commencing from 1September 2014.
What is the Children and Families Act?
The Children and Families Act takes forward a commitment to improve services for vulnerable children and young people and to support their families. It includes clauses on special education needs (SEN) to reform the SEN system. The clauses include:
What does the Act mean for services now?
Any changes to the SEN Code of Practice take effect from 1September 2014
What groups of children does this Act cover?
The Act includes all children with Special Educational Needs
What is an Education, Health and Care (EHC) plan?
An EHC Plan will replace current Statements of SEN and Learning Difficulty Assessments. The plan will be a legal document describing a young person's needs, the provision to meet those needs and the suitable educational placement. The Government has stated that the Plan must be person centred, focusing on the needs and aspirations of the child. EHC Plans will continue into further education and training, and for some young people up to the age of 25.
Plans should be focused on the outcomes an individual child or young person is expected to achieve. Any targets must be specific and set out what support is needed to achieve these outcomes. Plans should be concise and positive and should reflect the views of the child or young person.
How will transition to the new system work?
No 'new' statements or learning difficulties assessments have been issued since 1 September 2014. Existing statements, which meet the criteria and learning difficulties assessments have been converted over a 3 year period (for statements) and 2 years (for learning difficulties assessments) from September 2014. These conversions took place at phase change or change of placement.
Transition Plan 2016 - 2017
Our Transition Plan covers transition to the new 0 to 25 special educational needs and disability system - moving statements of SEN and learning difficulty assessments to Education, Health and Care plans.
Who will have an Education Health and Care Plan?
The Department for Education has stated that a child or young person who currently has a Statement of SEN will have an EHC Plan. Guidance says that EHC Plans should be issued when the local authority considers the special educational needs of the child cannot be reasonably provided for with resources normally available to mainstream early years provision, school and post 16 institutions. Children and young people with primarily health or care needs will not be issued with a plan, unless these needs impact their education.
How will an assessment work?
Section 9 of the SEN Code of Practice 0-25 sets out key points for the way assessments should be carried out. These include:
Will there be help for children without an EHC Plan?
Under the previous system, through the delegated budget, there was additional help and support for children at school without a Statement of SEN. However under the Children and Families Act and the Code of Practice, School Action and School Action Plus will be replaced with SEN Support. SEN Support will be the support available in school for children and young people who have special educational needs but do not have Education, Health and Care plans. Additional SEN Support is support to meet a student's needs to help them achieve their individual goals.
What is a personal budget?
All families whose child has an EHC plan will have a right to request a personal budget. The personal budget will allow young people or parents to buy support identified in the plan directly, rather than relying on the local authority. Parents or young people will be given a choice of whether they want to take control of the personal budget by an agency managing the funds on their behalf or by receiving direct payments, where they can purchase and manage the provision themselves.
What does the Act mean for the health services?
The Children and Families Act places duties on the health service in relation to children and young people with SEN. The health service means the responsible commissioning body, which will normally be the local Clinical Commissioning Group (CCG) but for children and young people with certain health conditions this may be NHS England.
The health service must engage with the Local Authority to create joint commissioning arrangements for the health and social care provision required by children and young people identified as having SEN. These arrangements need to set out what health provision is to be secured and who is responsible for securing it. The arrangements must also establish a mechanism to resolve disputes between the different commissioning parties.
The health service must also cooperate with the Local Authority in the creation of an Education, Health and Care Plan by advising on what kind of health provision is reasonably required by the learning difficulties and disabilities which result in the child or young person having SEN. This could include specialist support and therapies, such as medical treatments and delivery of medications, occupational therapy, and physiotherapy, a range of nursing support, specialist equipment, wheelchairs and continence supplies.
The Education, Health and Care plan will have to be approved by the relevant health commissioning body, and if it is approved, the health service must ensure that the support set out in the EHC plan is made available.
What is the Local Offer?
It is a requirement for the local authority to publish information about the provision it expects will be available for children and young people with SEN aged 0 - 25 years, both within and outside their local area. The local offer must include information about:
What does the Act say about the right of parents to request assessments?
What does the Act say about mediation?
This film is about how the new law that took effect on 1 September and changes the way children, young people and their families will access SEND provision and support.
Thank you to the Council for Disabled Children© and the Department for Education© for permission to use these videos
The new SEND reforms take effect on 1September changing the way that children, young people and their families access services. This film has been produced to explain exactly what that means for young people 16 and over.
Thank you to the Council for Disabled Children© and the Department for Education© for permission to use these videos.
The DfE and MENCAP have produced two easy read guides called 'Changes to special educational needs and disability support'. One is for children and young people and the other is for parents and carers. Both guides provide an overview of the changes made by the Government to the way children and young people who have special educational needs and disabilities are supported
The Department for Education (DfE) has recently produced 'The young person's guide to the Children and Families Act 2014'. It has especially been written for children and young people so that they know what is changing in the law. The guide covers all the wide reaching changes that are being made and has a specific chapter called 'How the Act helps children and young people with special educational needs or a disability' on pages 21-26 which may be of particular interest. This chapter provides information on the nine main changes taking place for children and young people with special educational needs or a disability.
The National Network of Parent Carer Forums (NNPCF) has produced an informative leaflet aimed specifically at parents and carers entitled 'Introduction to the Children and Families Act'. It is available to download here.
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Page Reference: Children and Families Act