send reforms 2014 briefing on send reforms tuesday september 23 rd 2014
TRANSCRIPT
SEND Reforms 2014
Briefing on SEND reforms
Tuesday September 23rd 2014
SEND Reforms 2014
The Children and Families Act 2014• The SEND Reforms are a fundamental change
for all stakeholders involved with 0 to 25 year olds with special educational needs
• Aims to improve outcomes for children and young people with SEN and disabled children with the introduction of the SEN Code of Practice
https://www.gov.uk/government/publications/send-code-of-practice-0-to-25
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SEN Code of Practice June 20141. Principles2. Impartial information advice and support3. Working together across education health and care4. The Local Offer5. Early Years6. Schools 7. Further Education8. Preparing for Adulthood9. Assessment – Education Health Care Plans10. CYP in specific circumstances11. Resolving disputes
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Key Principles (Chapter 1)
Section 19 LA must have regard to
• the views, wishes and feelings of the child or young person, and the child’s parents
Code of Practice 1.1
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Principles cont
• the importance of the child or young person, and the child’s parents, participating as fully as possible in decisions; and being provided with the information and support necessary to enable participation in those decisions
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Principles cont
• the need to support the child or young person, and the child’s parents, in order to facilitate the development of the child or young person and to help them achieve the best possible educational and other outcomes, preparing them effectively for adulthood
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The SEND Code of Practice
QUIZ
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What age range is covered by the SEND Draft Code of
Practice?
Question 1
0-25
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Question 2
True or False?
When the Code of Practice requires a body to comply it describes the duty as must.
When bodies have an option to comply they describe it as
should?
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Question 2
True or False?
When the Code of Practice requires a body to comply it describes the duty as must.
When bodies have an option to comply they describe it as
should? False
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Definitions of must & should• Must have regard to.. • Must fulfil statutory duties• ‘Should means that the guidance
contained in this Code must be considered and that those who must have regard to it will be
expected to explain any departure from it.;
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The definitions for Special Educational Needs and
Disability remain the same.
Question 3True of False?
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The definitions for Special Educational Needs and
Disability remain the same.
Question 3True of False?
True
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Definition of SEN
• A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for them.
• A child of compulsory school age or a young person has a learning difficulty or disability if they:
(a) have a significantly greater difficulty in learning than the majority of others of the same age; or
(b) have a disability which prevents or hinders them from making use of educational facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.
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Definition of disability
• A person has a disability for the purposes of this Act if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. (Section 6), Equality Act 2010
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The Equality Act 2010 is no longer statutory
Question 4True or False
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The Equality Act 2010 is no longer statutory
Question 4True or False
FalseThe Equality Act 2010 and Part 3 of the Children and Families Act 2014 interact in a number of important ways. They share a common focus on removing barriers to learning. 1:33
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The Equality Act 2010Public bodies including further education institutions: • must not directly or indirectly discriminate against,
harass or victimise disabled children and young people
• must make reasonable adjustments, including provision of auxiliary aids & services, to ensure that disabled CYP are not at a substantial disadvantage compared with peers. This duty is anticipatory
• must have regard to the need to eliminate discrimination, promote equality of opportunity and foster good relations between disabled and non-disabled children and young people.
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The Equality Act 2010 cont
Public bodies must publish • information to demonstrate their
compliance and how they will achieve the core aims of the duty
• accessibility plans• arrangements for the admission of disabled children,
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Question 5True or False?
Children who have less serious problems but still need support will lose
out under the new system
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Children who have less serious problems but still need support will lose out under
the new system
• False There is no change to the definition of SEN, so we would not expect that those children with less serious problems will lose out on support or resources. The reforms to the SEN system are about making sure that every pupil with a barrier to learning has this swiftly and effectively identified and the right support, including external support, put in place
DfE Running a school: Myths and facts
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Parent Partnership Services (Chapter 2)
PPS: renamed York SENDIASS (SEND Information Advice and Support Service) supports
• Parent of child with SEN 0-25• Parent of child with disability 0-25• Young Person with SEN• Young Person with disabilityConfidential, free, impartial, arms-length SEND
information advice and support to YP over 16 including advocacy and support to appeals decisions
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Early Identification of SEND (Chapter 5)
Where a health body thinks a child under school age has SEND they must inform parents and bring the child to the attention of the LA
Support can include:• Health visitors, educational psychologists, speech and language therapists, specialist teachers• Training for parents• Home-based programmes eg Portage• Early Support and key-working approaches
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Case study – Molly
Introducing Molly Molly was born prematurely with complex
needs and spent time in the special care unit.
Who might be involved in supporting Molly and her family?
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Case study – Molly
Introducing Molly Molly was born with complex needs and
spent time in the special care unit. She had extended support from her Health Visitor and involvement of a Paediatrician at the CDC who referred her for physio and SALT. She was subsequently offered an Early Support keyworker.
Molly has an older brother, Sam
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2-minute Table Discussion
What is the role of a Keyworker?
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Key working approaches
• Providing emotional and practical support as part of a trusting relationship
• Enabling and empowering for decision making and the use of personal budgets
• Identifying strengths and needs of
• family members
• Supporting and facilitating a single planning and joint assessment
process
• Facilitating multiagency meetings
• Being a single point of regular & consistent contact
• Coordinating practitioners & services around the child, young person & family
•Providing information and signposting
• Advocating on child’s, young person and/or family’s behalf
•Facilitating clinical care seamlessly integrated with specialist and universal services
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Discussion
What will the keyworker do for Molly and her family?
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What will the keyworker do for Molly and her family?
• Referral to the Specialist EY SEN Team• Advice on DLA, Benefits • Signposting to parent groups• Sharing of the Local Offer
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Local Offer (Chapter 4)
The Local Offer must include information about:• Special educational, health and social care provision for children and
young people with SEN or disabilities• Details of how parents and young people can request an assessment
for an EHC Plan• Post-16 education and training provision• Arrangements for travel• Childcare• Leisure activities• Arrangements for resolving dispute disagreements and for
mediation• Accessibility strategy
What is the local offer?
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Parents co-wrote the offer
They wanted it to be
They wanted it to help people
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Engaging parents & young people
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What’s happening with Molly now?
• Molly is receiving Portage weekly visits• Physio/OT assessment and programme• SALT support due to language delay• Attending CDC language group?• Going to pre-school 3 x per week• EY SEN Teacher advising staff at pre-
school
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Molly’s mum!
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Coordinated AssessmentEHCP Pink Cog
Diagram.jpgEHCP Pink Cog
Diagram.jpgEHCP Pink Cog
Diagram.jpg
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How will this help Molly?
• Molly starts to attend a local nursery. The setting introduces a My Support Plan (MSP) to coordinate support
• Regular meetings held to discuss progress, relevant professionals invited
• Review are family-centred• However, there are still concerns about her
learning and mobility ...
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Seeking additional advice
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Table discussion
How would you be involved in this process?
How do we ensure we share information?
How do we avoid parents re-telling their stories to many different professionals?
Add to your ‘Learning from today’ sheet
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Contributing to the MSP
Examples of My Support Plan/ EHCP
Section 5.1 – professionals contributionSection 4 – Health and Social Care needs
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How are things for Molly?
• Molly has improved physical mobility & enjoys playing with friends
• Mum has support through a parent group
• Mum receives FIS newsletters plus• The family have fun with a Max card• Molly has Inclusion funding for targeted
support in pre-school. Working well
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Case study - SamIntroducing Sam
Sam is aged 10 yrs. He experiences needs associated with social communication skills, rigid thinking and difficulties with peers. His behaviour can be challenging. He receives support from an ELSA in school who refers Sam to the PMHW. He has an MSP which details how school are using their SEN delegated funding.
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Areas of need
1. Communication and interaction 2. Cognition and learning 3. Social emotional and mental health 4. Sensory and/or physical (NB 6.21 Persistent disruptive or withdrawn behaviours do not
necessarily mean that a child or young person has SEN. Where there are concerns, there should be an assessment to determine whether there are any causal factors such as undiagnosed learning difficulties, difficulties with communication or mental health issues)
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What will replace School/Early Years Action, Action Plus and Statements,
from September 2014?
Question 6
SEN SupportEducation Health Care Plans
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How do settings know what is good practice?
SEN Thresholds provide detailed examples of good practice – Autism, HI, VI, PMD, SLCN, SEMH, LearningTo be used by parents / carers, practitioners, LA SEN officers and all who support CYP with SEND
•as a prompt when considering strategies and interventions to support through all the levels •to provide clarity about decisions made around the allocation of resources and the eligibility threshold for an Education, Health and Care Plan.
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Who do I liaise with?
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Who do I liaise with?The SENCO
• Liaises with agencies• Provides strategic direction & development• Supports teaching and learning• Provides line management – effective use
of additional support• Takes financial responsibility for resources• Coordinates whole school professional
development Time and Capacity
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What’s happening to Sam?• Sam witnesses severe domestic violence
and has mental health needs. Family referred to Social Care and IDAS
• Sam’s transfer to secondary school is problematic. He finds the social and organisational demands over-whelming. Behaviour becomes an significant issue
• The PMHW refers Sam to the Autism Forum and he receives a diagnosis
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How do assessments link up?Question 7
How does a Family Early Help Assessment (FEHA) link to a My Support Plan or Education, Health and Care Plan?
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How does a FEHA link to a My Support Plan or Education, Health
and Care Plan?Tell it once approach:MSP or EHCP become a ‘chapter’ in a FEHA•Need to inform Children’s Advice and Assessment team of MSP. NB need parent permission. [email protected]
Or call the front door on 551900 and ask for the children's advice team
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How do assessments link up?Question 8
If the CYP is Looked After, how would the EHCP link to the Personal Education Plan (PEP)?
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If the CYP is LAC, how would the EHCP link to the PEP?
Tell it Once approach• Section 2.4 can be used as the PEP in collaboration with the CYP’s Social
Worker
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What’s happening to Sam?
School decide to request statutory assessment of his needs as they are unable to meet his needs effectively with delegated funding and need to provide more support.
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Education, Health and Care Plans
When does the Education, Health
and Care Plan replace the statement?
Question 9
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Education, Health and Care Plans
When does the Education, Health and Care Plan replace the statement?
1st September 2014
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Education, Health and Care PlansWhen does the Education, Health and Care Plan replace the statement?
• However – not everyone will get on straight away! All to be completed by April 2018.
• All EHC Plans completed before September 2014 – will be classed as non-statutory and transferred by the LA before their next annual review.
• EHC Plans (with a previous statement) will transfer to a statutory EHC Plan through a ‘transfer review’ meeting, which will take the place of the annual review.
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Education, Health and Care PlansWhen does the Education, Health and Care Plan replace the statement?
Statements to be transferred in 2014 – 2015
• early years settings to school (including where the child remains at the same institution);
• infant to junior school• primary to secondary school;• secondary school to post-16
institution or apprenticeship; • mainstream to a special school or vice
versa.’
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Education, Health and Care Plans
Who can apply for an Education,
Health and Care Plan?
Question 10
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Education, Health and Care Plans
Who can apply for an Education, Health and Care Plan?
• Parents• Young people over the age
of 16 and under 25• A person acting on behalf of
school or post-16 institution (should be with the knowledge and agreement of the parents and young person)
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Education, Health and Care Plans
How many weeks will it take to get
an Education, Health and Care
Plan?
Question 11
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Education, Health and Care Plans
20 weeks. This is a reduction from 26
weeks for a statement.
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Education, Health and Care PlansHow do I apply for an Education, Health and Care Plan?
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Education, Health and Care Plans
What kinds of information will be in the Education, Health and Care
Plans?
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Education, Health and Care Plans
What is contained in an Education, Health and Care Plan?• The views, interests and aspirations of the
child, young person and their parents.• A description of Special Educational Needs (SEN)• The health and social care needs related to the
SEN or disability.• The outcomes sought for the child or young
person.• The special education, health and social care
provision required.• The name and type of school, maintained
nursery school or post-16 institution to be attended
• Details of a Personal Budget where it is requested.
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What does an EHCP look like?
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What does an EHCP look like?
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What does an EHCP look like?
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Feedback from familiesFor me it was really straightforward and simple. Very easy. My friend went through the previous system and I thought it was going to be awful.
This is the best meeting I have ever been to.All of the points of concern were covered: DadI was worried it would be going over the past again and I was really pleased it was focusing on the future: Mum
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Quotes from professionals• The family centred and child centred nature of the MSPs and
EHCPs is fantastic, and will I'm sure change the focus of how we make provision for children, and give parents ownership, break down barriers etc
• The very positive aspects of the plans are the contributions they facilitate from young people. I have been stunned by the detail and perceptiveness of my students in analysing their own needs and for me this is by far the most positive thing about the EHCPs so far.
• I am sure there will be lots more issues as we trial the plans but my verdict is despite the workload they are definitely worth it, a huge improvement and a much more holistic way of working with young people. Thank you to everyone for their support so far.
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Reviewing an EHCPQuestion 12
• How often should an EHCP be formally reviewed?
• A minimum of every 12 months (with reviews with parents at last 3 times a year)
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Contribution of professionals to an EHCP review (5.1)
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Case Study - Sam• Sam’s behaviour deteriorates
significantly and he receives fixed term exclusions for the more extreme outbursts.
• Outside School Sam starts to hang around with young people who exploit his vulnerabilities and he ends up in trouble with the law. He has been assigned a YOT worker
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Case Study - Sam
• School hold a person-centred Y9 Annual Review of his EHCP
• It is attended by Parents, School Staff, Connexions, YOT, school’s named EP
• Focus is on outcomes to prepare Sam for transition to post-16
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Preparing for Adulthood (Chapter 8)What are the key elements to plan for young people in their preparation for adulthood?
• Higher Education and/or Employment
• Independent Living• Participating in society• Being healthy as possible in
adult life
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Further Education (Chapter 7)
Question 11
Can you name 8 post 16 education providers in the York area?
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Further Education“The post-16 education and training landscape is very diverse “
(CoP 7.1)In York after Year 11 young people with SEN can be learning :
• at Applefields School (11-19 Special School)• at York College, Askham Bryan College, York Learning (Further Education)• at their local mainstream school sixth form• on a York Personalised Learning and Work Experience Package (PLWEP) e.g. involving Blueberry Academy , Tool Box, • Jam Factory• on an Apprenticeship• at an Out of Area (OOA) residential specialist college
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Post Maintained Education
In York over the past 4 years we have significantly expanded the local post 16 offer for young people with the highest level of need.Our guiding principle for post 16 …‘Young people with high needs to continue their post 16 education must look locally first and explore all local options’
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Education, Health and Care needs assessments and plans (Chapter 9)and Children and young people in specific circumstances (Chapter 10))
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Case Study - Sam
• Unfortunately, Sam’s situation has deteriorated.
• He is detained at her majesty’s pleasure...
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LA Statutory requirements for CYP with an EHCP in custody
• LAs must not cease an EHCP when a young person enters custody. They must keep it on hold
• If a young person has an EHCP the home LA must arrange special educational provision while he or she is detained
• The health services commissioner for the custodial establishment must arrange appropriate health care
• YOTs and those in charge of youth accommodation must cooperate with the LA to ensure these duties are fulfilled.
City of York Educational Psychology Service 80
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CYP released from youth custody
• YOT must notify the home LA that a detained person is due for release. EHC Plans must be reviewed on release
• If the young person intends to continue their education the Offenders Learning and Skills provider and Careers Service should liaise with the LA.
• Duties in the Children and Families Bill 2014 no longer apply once a detained person is transferred to the adult secure estate.
City of York Educational Psychology Service 81
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Working together across education, health and care for joint outcomes
(Chapter 3)
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The Children &Families Act 2014The Care Act 2014
• Co-operation between children and adult services
• LA should ensure integration of care and support across education, training, health and social care provision
• Clear & transparent information• LA & CCG must make joint
commissioning arrangements
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Health responsibilities
• Health must tell education when they identify a child who may have SEN
• Health should give training to education staff
• must put arrangements in place to secure that provision written in EHCP
• Health must cooperate with LA• Must consider joint commissioning
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Health responsibilities • From September 2014 all health organisations (including
CCG’s, NHS England, NHS Trusts and NHS Foundation Trusts) must have regard to the code of practice
• The requirement for local authorities and health authorities to work together to meet the needs of young people with special educational needs
• Give advice for EHC assessments• Help draft EHC Plans• Suggest achievable outcomes• Be clear about appropriate provision to support YP to
achieve outcomes• Describe Health provision in Local Offer• Nominate DMOs & notify LA
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Who does what?
• CCG’s commission the majority of health services for their local community
• NHS England commission specialist services and provide oversight to primary care services
• NHS Trusts (inc Foundation Trusts) are hospitals
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What are we doing about it?
• Briefing CCG’s and raising the profile of the Act
• Strengthening links and working with LA’s with respect of the Local Offer, joint commissioning and EHCP’s
• Undertaking a readiness survey of local health providers
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Moving into adult health care
• Health professionals will work with the young person to develop a transition plan
• Identified transition lead will coordinate care and referrals to other services.
• The young person should know who is taking the lead and how to contact them. (CoP 8.56)
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Social Care responsibilities• Should have an identified lead for SEN• Promote welfare of children in need (S17)• Must secure social care provision under the
Chronically Sick and Disabled Person’s Act (1970)
• Put in place care plan and meet needs in the plan, under Care Act from April 2015
• Publish short breaks statement linked to LO
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Moving to adult social care
• Must carry out adult care transition assessment when likely to have needs for care or support post 18
• Must continue to provide children’s services until adult provision has started or decision made re eligibility (under S17)
• Should use EHCP as ‘overarching plan’ to achieve outcomes in plan, under Care Act
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What might a social worker or care manager do?
• Write advice for an EHC needs assessment within 6 weeks
• Share relevant information from single plan
• Use EHCP as PEP• Attend coordinated meetings: AR & SC
review • Commission support for CYP /families
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Personal Budgets (PBs)
A personal budget • gives a family or young person control
over funding• enables parents or the young person to
choose their support • provides increased flexibility to decide
what works best for them.
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Education PBs• Creative, flexible packages for those with
complex needs who cannot access current educational provision
• Any provision to be delivered on education premises must have agreement from the setting
• LA may be unable to disaggregate funding that is currently supporting provision of services
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Health PBs
Until April 2015 PHB’s are linked to those who receive Continuing Health Care (CHC) after that eligibility will be expanded to include those with long term conditions
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Health PBsWhat are we doing about it?•New team commissioned to provide PHB support in NY&Y•Referrals will be via the CHC review process. Joint packages are always LA led•Clinical overview always required with review by a panel•We are making key connections at the moment between health and LA
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Social Care PBs
• PBs can be;– Direct Payments– PBs can be notional budgets– Managed by 3rd party– A combination of the abovePB must be offered in EHC needs assessment
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Completing a section of the plan
• Section 4: Health and social care• Section 5.1: Professional contribution
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Weblinks National:SEN and Social Care:https://www.gov.uk/government/publications/send-guide-for-social-care-professionals
SEN and medical conditions:https://www.gov.uk/government/publications/supporting-pupils-at-school-with-medical-conditions--3
Mental Health and Behaviour:https://www.gov.uk/government/publications/mental-health-and-behaviour-in-schools--2
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Weblinks Local:SEN downloads for MSP and EHCPhttp://www.york.gov.uk/downloads/download/3547/education_health_and_care_plan_forms
Personal Budgets http://www.york.gov.uk/downloads/download/3546/guidance_on_personal_budgets
Local Offerhttp://www.yor-ok.org.uk/families/Local%20Offer/local-offer-original.htm
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Summary
The biggest change in special education in 30 years: education, health and care planning
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Any Questions