The. Bristol Toolkit. Special Educational Needs and Disability (SEND) In Education. For professionals, parents, carers and young people

Transcription

1 The Bristol Toolkit Special Educational Needs and Disability (SEND) In Education For professionals, parents, carers and young people Special Educational Needs Support Education, Health and Care Plan After an Education, Health and Care Plan 1

2 We like to thank the following contributors for making this Toolkit possible. Bristol Parent Carers Supportive Parents KIDS Independent Support Bristol City Council s Birth - 25 Integrated Service Trading with Schools Inclusion Services Early Years Service Children s Community Health Partnership And all the contributors to our Workshops Accessibility We want to make this toolkit as accessible as possible. To do this we have followed the Findability accessibility guide. We have used Arial font, size 14. We have used simple, clear English where we can. We have made sure all documents are available in PDF, Word and Black and White formats. We have made sure each document has a date on it so you know when it was last updated. Where possible we have tried to explain technical language. If you need support accessing any part of this toolkit we recommend you first talk to your setting SENCO or Inclusion Manager. If you still need support you can either contact one of the organisations on page 5 or us at sendplus@bristol.gov.uk. Translations are available on request and instantly on Findabilitybristol.org.uk. 2

3 Foreword In Bristol, as in other areas, we are working hard to improve our support to disabled children and young people, and those with special educational needs in line with the spirit, as well as the specific guidance of the Children and Families Act (SEND Reforms). Through collaboration and workshops with young people, parent carers and agencies that support them, education, health and social care partners, we are developing our understanding of how best to deliver and support hose changes. As we develop this, we will issue toolkits, in partnership, so that we can work together across Bristol services. This first toolkit sets out our processes for delivering special educational needs and disability support in education. We believe all children and young people should be given the best support to be able to achieve their potential and live ordinary lives. We want to make sure the professionals who work with them have the right tools to support them. This toolkit goes part of the way, giving details of processes and forms related to SEND in education. We also believe in making sure everyone has access to good information and so we have designed this toolkit to be accessible by parent and carers too, helping families and professionals to work in partnership. All of our process and work to improve the outcomes for disabled children and young people, and those with special educational needs, in Bristol is supported by our SEND Vision. Our vision is to support and empower children and young people to live healthy, independent and fulfilling lives. As we develop our processes and understanding of how best to support children and young people in Bristol we will update this toolkit. So you can always feel sure you have access up to date information. I hope you find this toolkit useful and if you have any feedback you would like to give on it please contact me at sendplus@bristol.gov.uk. Kind Regards, Carol Watson Head of Service Birth to 25 Integrated Service for Disabled Children and Young Adults 3

4 Bristol s SEND Vision Our vision is to support and empower children and young people to live healthy, independent and fulfilling lives. The Birth to 25 Collaboration The Birth to 25 Collaboration was designed to make sure services are as joined up as possible. It is a collaboration of Bristol City Council services and Children s Community Health Partnership Services. The collaboration aims to work together flexibly, holistically and seamlessly alongside children, young adults and parents/families to meet the outcomes in the SEND Vision. Services that make up the collaboration are: Disabled Children s Social Work Teams (up to 25) SEN Assessment Coordinator Teams Bristol Autism Team Social Care Occupational Therapy Sensory Support Services Specialist Service for Children with Learning Disabilities Physiotherapists Occupational therapists Early Years Portage Team 4

5 About this toolkit For all professionals This toolkit helps professionals to understand special educational needs and disability processes in Bristol. This includes education, health and social care professionals. For parents, carers and young people We wanted this toolkit to be accessible for all who might be interested in understanding how special educational needs and disability processes work in Bristol. This toolkit is also available online at: Findability has Bristol s Local Offer information. On Findability you will find more information on special educational needs and disability for those under 25 living in Bristol. SEND reforms This toolkit explains how some parts of the SEND Reforms work in Bristol. From 1st September 2014 the laws changed for children and young people with special educational needs or a disability. These changes are known as the SEND reforms (Special Educational Needs and Disability reforms). Part of the reforms decided: School Action and School Action Plus would be replaced by Special Educational Needs (SEN) Support through the graduated approach Statements of Education would be replaced by Education, Health and Care plans Education, Health and Care plans would be available to those in education up to the age of 25. More information on these changes can be found in the Special Educational Needs and Disability Code of Practice If you have any questions or comments about this toolkit, get in contact by ing us at sendplus@bristol.gov.uk 5

6 Support for parents, carers and young people Going through this toolkit there might be times when you would like more support or someone to talk to. You are encouraged to talk to the educational setting your child attends. If you request an Education, Health and Care plan assessment you will be given a named officer. Below is information about the local support organisations in Bristol that might be able to help. Supportive Parents Supportive Parents are the Special Educational Needs and Disability Information, Advice and Support (SENDIAS) service for parents, children and young people in Bristol, North Somerset and South Gloucestershire. Our service is free, confidential and impartial. We offer a telephone information and support line, face-to-face support and help with written information. We can support you at any stage of the SEN process from 0-25 years and throughout the Education, Health and Care (EHC) planning process. KIDS Independent Supporters KIDS Independent Supporters are trained to help families and young people through the new Education, Health and Care Plan assessment, planning and development process. We provide support which is flexible to meet your family s individual needs. This includes offering advice on the telephone, face to face meetings, including home visits, and joining you in attending meetings in schools or with other professionals. Bristol Parent Carers You may wish to give feedback on the service you recieve, so that your experience can improve things. You local participation forum, Bristol Parent Carers (BPC), can help you do this. BPC is run by parent carers, provides an Independent Voice for families, and works with local authorities on shaping better services. Related Documents i. Bristol Parent Carers Parent Guide to SEND ii. Supportive Parents service leaflet iii. KIDS Independent Support service leaflet iv. Supportive Parents and KIDS joint service leaflet 6

7 Overview Chapter Title Page number Part A - Special Educational Needs Support 9 1 Special Educational Needs Support - The Graduated 10 Approach 2 SEN Support - Assess 16 3 SEN Support - Plan 20 4 SEN Support - Do 22 5 SEN Support - Review 23 School Admissions 25 Part B - Education, Health and Care Plans 6 Education Health and Care plans 28 7 Before applying for an Education, Health and Care plan 29 8 Requesting an Education, Health and Care need assessment 31 9 What happens after 6 weeks Assessment Coordinators Gathering advice for the EHC needs assessment Personal Budgets Initial Draft Draft Education, Health and Care plans Draft Education Health and Care plan meeting Travel arrangements Choosing and naming a setting Final Education, Health and Care plan Cross border arrangements Complaints, mediation, disagreement resolution and appeals Converting to an Education, Health and Care plan 48 Part C - After an Education, Health and Care Plan Annual Review Key Stage Transfers 53 7

8 24 Preparing for Adulthood Ceasing an Education, Health and Care plan Making good progress Leaving education Going to university Finding employment Turning 25 years old 61 Toolkit Resource List 62 8

9 Part A Special Educational Needs Support 9

10 1. Special Educational Needs Support - The Graduated Approach A child or young person has special educational needs (SEN) if they have a learning difficulty or a disability which calls for special educational provision to be made for him or her. (xiii. SEND Code of Practice) Each child learns in different ways and at slightly different speeds. Teaching is set up to allow for these differences and cater for varying needs. This is referred to as Quality First Teaching and includes ordinary classroom differentiation. On occasion this may not be sufficient to meet a child s needs. At this point parents, carers or schools may think that she/he has special educational needs (SEN). If a child or young person has SEN she/he may find it difficult to access classroom learning or opportunities available in an ordinary learning environment. She/he may need changes (known as adjustments) made that other children and young people don t need, for example, more support in class or questions explained in a certain way. Differentiation is a method of teaching. It involves understanding where students are in their learning and how they learn. Class teachers use this method to help them make sure tasks in class are broken down to meet the ways and speeds at which the class students are learning. Not everyone who has an adjustment made to help him/her access classroom learning has special educational needs. Sometimes it may be for other reasons, for example speaking English as an additional language. Identifying whether a child or young person has special educational need happens gradually over time. Teachers will work with parents, children and young people to assess what the needs may be and will make different arrangements (known as interventions) to support the child or young person s individual learning needs. This is the 'do' stage. All interventions will be assessed to see if they have made a difference and will vary for each child or young person, but they all should follow the cycle of: Assess Plan Do Review 10

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12 The SEN Support should take the form of a four-part cycle through which earlier decisions and actions are revisited, refined and revised with a growing understanding of the pupil s needs and of what supports the pupil in making good progress and securing good outcomes. This is known as the graduated approach. It draws on more detailed approaches, more frequent review and more specialist expertise in successive cycles in order to match interventions to the SEN of children and young people DfE (2015) Special Educational Needs and Disability Code of Practice Assess All children and young people should have the opportunity to make progress through the usual curriculum available in their setting. If they are not making reasonable or expected progress or because they have a very specific need (for example, have a visual impairment) then an appropriate intervention or approach is tried for a period of time. Hopefully, with the right level of intervention or approach the child or young person will be able to access classroom learning and no further interventions are needed. Chapter 2 has more detail of how SEN Support assessments. Progress is broadly defined as the 'growth in pupils security, breadth and depth of knowledge, understanding and skills.' (175. Ofsted, 2016, Handbook for inspecting schools in England under section 5 of the Education Act 2005) Previously schools were asked to measure the progress a student makes against the National Curriculum levels and level descriptors. Schools are no longer required to do this and are encourage to form their own systems for measuring the progress of their students. 'Inspectors will consider the progress of pupils who have special educational needs and/or disabilities in relation to the progress of all pupils nationally with similar starting points. Inspectors will examine the impact of funded support for them on removing any differences in progress and attainment. The expectation is that the identification of special educational needs leads to additional or different arrangements being made and a consequent improvement in progress.' 185. Ofsted, 2016, Handbook for inspecting schools in England under section 5 of the Education Act

13 A learning intervention is when a specific activity is used to develop or support a student's learning. For example, a programme of reading recovery might be used for a child who needs support to improve their reading skills. A teaching approach is the way a teacher or school looks at learning. It can be the way the whole school approaches learning, for example a school might have a Steiner school approach, or it can be an approach introduced to support a student's inclusion in the school, for example staff are trained in using the Makaton words a student uses. Plan Plans are written to help everyone understand what intervention are being made and what approaches should be taken. SEN Support plans will have SMART (Specific, Measurable, Achievable, Realistic and Time related) targets and outcomes. In the past plans have been called Individual Education Plans ( IEPs ) or Pastoral Support Plans (PSPs), now they are known as SEN Support Plans. Chapter 3 has more detail of SEN Support plans. Outcomes will usually set out what needs to be achieved by the end of a phase or stage of education in order to enable the child or young person to progress successfully to the next phase or stage DfE (2015) Special Educational Needs and Disability Code of Practice Targets are the steps to meeting an outcomes; 'the development of an individual learning programme outlining longer term outcomes covering all aspects of learning and development, with shorter term targets to meet the outcomes' DfE (2015) Special Educational Needs and Disability Code of Practice Do Any interventions, approaches or adjustments made for a child or young person need to be given time to see how well they are working. It is usually recommended to continue with an intervention or adjustment for at least 3 months to give it time to make an impact on the learning of the child or young person. Sometimes interventions need longer or need to be repeated at different times. Chapter 4 has more detail of SEN Support doing. 13

14 Review Reviews need to be able to judge whether interventions, approaches and adjustments have been successful and the child or young person has made expected or reasonable progress. Three things can happen from a review: 1. The intervention has been successful and the child no longer has any relevant difficulties. 2. The approach or intervention is being successful and it is agreed it should continue. 3. The approach or intervention has not made a significant difference to the child or young person s progress and she/ he does not make reasonable or expected progress. The current intervention will need to be updated in light of the information from the Review. When reviewing it might be decided that a child or young person s special educational requires more long term or significant intervention plan. Chapter 5 has more detail of SEN Support reviews. All education is about preparing young people for independent life. Therefore all additional support should be based on the least amount of purposeful and appropriate intervention to support a child or young person to make good progress in their education. If interventions are not working then they might gradually become more detailed and more specific. Most schools and settings have a significant level of resourcing delegated to their budgets in order for them to carry out their statutory responsibilities to meet individual s special educational needs above and beyond ordinary classroom arrangements and all settings that receive government funding must act in line with the SEND Code of Practice Moving beyond the graduated approach If it is felt that everything has been done that is possible through the SEN Support cycle of assess, plan, do and review and a child or young person is still not making expected or reasonable progress then it might be time to consider an Education, Health and Care plan The Special Educational Needs Support diagram on page 11 can help you understand how the graduated cycle works. 14

15 assessment. In Bristol all educational settings can apply for additional funding if it is considered that a child or young person s needs could then be met in mainstream setting. This is called the Top Up system. This means the vast majority of children or young people s needs can be met and outcomes improved in mainstream settings through using the graduated approach. The SEND Code of Practice 2015 says that children should always be educated in mainstream settings unless their needs cannot be met or if their parents do not wish it. Chapter 2 SEN Support - Assessment has more information on Top Up. Where a child or young person has SEN but does not have an EHC plan they must be educated in a mainstream setting except in specific circumstances (see below). The School Admissions Code of Practice requires children and young people with SEN to be treated fairly. Admissions authorities: must consider applications from parents of children who have SEN but do not have an EHC plan on the basis of the school s published admissions criteria as part of normal admissions procedures must not refuse to admit a child who has SEN but does not have an EHC plan because they do not feel able to cater for those needs must not refuse to admit a child on the grounds that they do not have an EHC plan 1.27 DfE (2015) Special Educational Needs and Disability Code of Practice The formal education, health and care needs assessment process should be necessary only when the child or young person s needs are so complex that they are not understood and it appears that despite resourcing these needs will only be possible to meet within specialist provision (which might be a special educational provision like a special school or specialist provision made within a mainstream setting). Part B Education, Health and Care Plans has more information. Local Authorities... must have regard to the general principle in section 9 of the Education Act 1996 that children should be educated in accordance with their parents wishes, so long as this is compatible with the provision of efficient instruction and training and does not mean unreasonable public expenditure DfE (2015) Special Educational Needs and Disability Code of Practice 15

16 2. SEN Support - Assessment Thinking about what might help a child or young person do well (with parents and carers). Education setting based assessment The first step of assess is for the class teacher or practitioner is to carry out detailed observations as this will allow them to gain an understanding of a child or young person s strengths and areas of needs and will help plan for strategies to support the child or young person. An essential element of gathering information also involves talking to parents and/or carers and all those involved with the child/ young person s development to gain a more detailed understanding. All settings would be expected to be carrying out their own assessments and intervention cycles in the first instance. Class teachers can refer to their A Special Educational Needs Coordinator (SENCO) is the lead teacher for special educational needs in the school. They have developed specialist skills and knowledge around working with students with special educational needs. They work with teaching staff, parents and carers to make sure the school is offering 'High Quality' teaching to children with special educational needs and monitor their progress. school's Special Educational Needs Coordinator (SENCO) for support. All schools must have a SENCO and they must be qualified or undergoing a qualification to do this role. Sometimes SENCOs will recommend using standardised assessment tools, observation schedules and tests. Some assessments will be done by the SENCO and some may be done by the class teacher. The SENCO must be a qualified teacher working at the school. A newly appointed SENCO must be a qualified teacher and, where they have not previously been the SENCO at that or any other relevant school for a total period of more than twelve months, they must achieve a National Award in Special Educational Needs Coordination within three years of appointment DfE (2015) Special Educational Needs and Disability Code of Practice More detail of what Early Years settings do is in appendix 2.1 Early Years graduated approach. Related Documents 16

17 2.1. Early Years graduated approach Assessment involving specialists Sometimes a request for help from a specialist team (often called an outside agency) may be suggested at the SEN Support Plan Review Meeting if it is evident that there are continuing concerns. It is essential that this decision is discussed and made with parents/carers. Settings can refer to a wide variety of specialists, for example Speech and Language Therapy, Occupational Therapy, Sensory Support Service, Early Years Portage & Inclusion Team, CAMHs, and the Inclusion Service. More information on these services can be found on The Inclusion Service In relation to individual children settings can purchase involvement of the Inclusion Service for assessment and intervention advice. Early Years settings are required to request assessments through the Early Years Special Educational Needs Panel. Members of the Inclusion Service can offer expertise in child development, learning theory and assessment and interventions for children/ young people presenting with special educational needs. Their involvement would usually follow a consultation model. This begins with an in-depth discussion about the child s presenting needs, which should include all those involved. It may also include observation and some assessment work to help inform next steps. This will provide a better picture of the difficulties and ideas of a possible way forward. The agreed plans should be implemented at the setting and reviewed after around 6 week. Further specialist assessment may or may not be considered appropriate following the review. Early Years Inclusion Service The Early Years Portage and Inclusion Team provide support to families and early years practitioners for children from birth to 5 years, who are disabled and/or have special educational needs. For Early Years Practitioners and Early Years Settings, this support includes - providing appropriate support and interventions for individual children s needs developing strategies and targets for children s Individual Education Plans monitoring and reviewing children s rate of progress awareness of special educational needs processes and procedures. 17

18 The team also supports the positive transfer of children with disabilities and/or special educational needs to the next phase of their education within the Early Years Foundation Stage. Training is available to: develop early years providers skills to include children with disabilities and/or special educational needs empower early years practitioners to support children with disabilities and/or special educational needs in the longer term from within their own resources An Early Years Inclusion Resource Library is available, holding a wide range of specialist equipment and information to support the inclusion of young children. The team's support can be accessed by completing our referral form. Related Documents None Assessment for additional funding (including Top Up) There may come a time when it becomes clear that the interventions required/in place for a child or young person cannot be met solely though the setting's resources. If this point is reached then the setting may apply for Top Up funding. The Top Up process is based on the graduated approach through the Assess, Plan, Do, Review cycle. This involves providing all the evidence of what's been tried so far, the costs and a review of its impact against expected progress. An application must be clear about how any requested Top Up will be used. Top Up is available for settings for children and young people from school years Reception to Year 13. All settings will have carried out Assess, Plan, Do, Review cycle/s involving specialist assessment as appropriate. In Bristol an Education, Health and Care plan is not needed to access Top Up funding. Information regarding Top Up panels can be found in appendix 2.7 How top up works. Information regarding the Early Years panel can be found at: 18

19 resources-professionals/children-special-education-needs-early-years Related Documents 2.2. Bristol Universal Descriptors - Early Years 2.3 Bristol Universal Descriptors - Schools and Post Early Years Funding Application Guidance 2.5 How funding works in Special Educational Needs - Schools and colleges 2.6 How top up works - Schools and Colleges 19

20 3. SEN Support - Plan Writing down what everyone will do to support a child or young person to do well. Educational setting based plan The principle underpinning the SEND Reforms is that SEN Support Plans should be in place for young people whose needs are being met within the graduated response process. These plans are multi-agency plans and they are non-statutory. They need to involve all agencies whose input or support is contributing to the child or young person s educational development. A plan will have a number of sections, as follows: An outline of the child or young person s strengths, An outline of the identified special educational needs, including relevant assessment information, SMART (Specific, Measurable, Achievable, Realistic and Time related) targets/ outcomes, Specific actions to achieve the targets/ outcomes, Specific resources identified to carry out the actions, and details of people and services involved, An evaluation process. Non Statutory Plans are non-legal documents. In the context of special educational needs in Bristol, SEN Support Plans are non statutory plans. There is no legal test for an SEN Support plan; anyone can have one if it is thought to be appropriate. SEN Support plans should be followed. Statutory Plans are legal documents. In the context of special educational needs Education, Health and Care plans are statutory plans. What is written in an Education, Health and Care plan must be followed and there is a legal test to decide whether an Education, Health and Care plan is appropriate for a child or young person. Future planning for a child or young person who has a range of professionals involved may require a Multi- Agency Meeting to help plan the level of support required and strategies/interventions required both within the home and educational setting. Schools and Colleges may call these plans different things as part of their graduated approach. This can be recorded within an Individual Education Plan and/or a Support Plan/ Non Statutory Education, Health and Care Plan. Colleges use the College Annual Review 20

21 form. Related Documents 3.1 Individual Education Plan - Early Years 3.2 Individual Education Plan Monitoring Sheet - Early Years 3.3 Individual Education Plan Summary and Review Sheet - Early Years Support plans and provision maps A provision map shows what a setting has available for their students. It is written by the setting considering the existing pupils across the setting and the resources available to meet their needs taking into account best practice and the resources available to the school. A provision map will identify interventions available and is costed at school age. An individual support plan will identify the aspects of the provision map that will be accessed by a child of young person. There will be occasions when an individual requires interventions that are not within the provision map. In that situation the appropriate bespoke arrangements should be made and identified on the individual support plan/ Non-Statutory Education, Health, Care Plan/ Individual Education Plan. Related Documents 3.4 Model Individual Provision Map - Schools 3.5 Support Plan - Early Years and Schools 3.6 Support Plan - Colleges 21

22 4. SEN Support - Do Delivering the plans. Having developed the Individual Education Plan/ Support Plan this should be delivered according the agreement that has been made. Parent/ carers should receive a copy of the plan. Related Documents None 22

23 5. SEN Support - Review Looking at how well the plan worked. Within Early Years it is recommended that Individual Education Plans are reviewed every 6 to 8 weeks. For school aged children that have a SEN Support Plan in place it is recommended that these are reviewed every 3 to 6 months. 'Where a pupil is receiving SEN support, schools should talk to parents regularly to set clear outcomes and review progress towards them, discuss the activities and support that will help achieve them, and identify the responsibilities of the parent, the pupil and the school. Schools should meet parents at least three times each year.' 6.65 DfE (2015) Special Educational Needs and Disability Code of Practice The Review should cover what interventions were carried out and how, what progress has been made and any changes in circumstances. Some Top Tips: When progress has not been made, this could be a result of: A lack of clarity in translating the planned actions into practice ( Lost in Translation ) Plans not being carried out due to circumstances beyond the control of the setting (sickness/crises) The wrong intervention for the need or target. Partial progress may be a result of over ambition. This means the targets may have been too challenging or there were too many targets. Take care how progress is measured. Ask your school how they measure progress. The interventions have not met the needs of the child or young person. There are 4 possible types of outcomes from the review: 1. The Plan has been successful and the child or young person no longer has any relevant difficulties. 2. The Plan is being successful and it is agreed it should continue. 3. The Plan has not made a significant difference to the child or young person s progress and she/ he does not make reasonable or expected progress (see Top Tips above). The current Plan will need to be updated in light of the information from the Review and additional resources may be sought through a top up 23

24 application if it is considered beneficial. 4. After consideration of all possible interventions and approaches within a main stream setting it is considered that the necessary interventions cannot, at this point, be put in place in mainstream school. A request for a statutory EHC needs assessment is considered the most appropriate next step. Related Documents None 24

25 School Admissions Admissions for children with Statement or EHCP is organised by the Special Educational Needs team, including placement at mainstream or specialist schools or resource bases. A child or young person needs to have a final EHCP or Statement in order to attend specialist provision. Please discuss with your educational setting if you feel that your child needs a specialist placement. If your child is going through a statutory assessment this process will end with naming a school on the final statement or EHCP, and during the assessment the assessment co-ordinator will ask you what type of school and what particular school you would like. They will consult that school to see if it can meet your child s needs. They may also consult other schools. If your child is still going through an Education Health and Care Needs Assessment at the time that you need to identify a school please apply for a mainstream school through the Admissions on-line process, but also let your assessment co-ordinator know your preference (mainstream or specialist provision). In planning places for Key Stage Transfer the SEN team updates the main Admissions team weekly and the Admissions team will be made aware that your child is having an assessment. When the final EHCP is issued, the admissions team are informed of where the child will attend. This process ensures that children have a school place while the statutory assessment is being finished. It also ensures that a school place is identified for the occasional case where a statutory assessment does not result in an EHCP. Very occasionally, the Local Authority may agree to provide a place at a special school for a child who is going through an assessment. For example if a child moves from another country and so does not have an EHCP, but the LA agrees that they would clearly require specialist provision. Parents are advised to visit schools in planning for their child s Key Stage Transfer, and to discuss any possible request for specialist school early, so that early planning and proper transition can help the child to settle in their new school. Occasionally a school placement is sought by SEN for your child at other times for example if you request at the annual review a different school. As in the above processes, the SEN team will consider your request and will consult that school for a 25

26 place as described in these chapters. Find out about admissions: 26

27 Part B Education, Health and Care plans 27

28 6. Education, Health and Care plans The purpose of an EHC plan is to make special educational provision to meet the special educational needs of the child or young person, to secure the best possible outcomes for them across education, health and social care and, as they get older, prepare them for adulthood DfE (2015) Special Educational Needs and Disability Code of Practice From 1 September 2014, Education, Health and Care Plans were introduced across England as part of the SEND Reforms. They are statutory plans and are starting to replace Statements of Special Educational Needs. All children who have a statement of special educational needs will be transferred to an Education, Health and Care plan by April Chapter 22 has information on converting to an Education, Health and Care plan. Education, Health and Care plans are for children and young people who are in education, up to age 25 years old who have significant special educational needs that affects their learning. The plans help coordinate the support available to the child or young person and their families across their education, health and social care needs. From the age of 14 Education, Health and Care plans include the Preparing for Adulthood outcomes. Non Statutory Plans are non-legal documents. In the context of special educational needs in Bristol, SEN Support Plans are non statutory plans. There is no legal test for an SEN Support plan; anyone can have one if it is thought to be appropriate. SEN Support plans should be followed. Statutory Plans are legal documents. In the context of special educational needs Education, Health and Care plans are statutory plans. What is written in an Education, Health and Care plan must be followed and there is a legal test to decide whether an Education, Health and Care plan is appropriate for a child or young person. Chapter 24 has information on the Preparing for Adulthood outcomes. The Education, Health and Care plan must take no longer than 20 weeks to issue from when a request for an Education, Health and Care Needs Assessment has been received by the Local Authority. 28

29 7. Before applying for an Education, Health and Care plan All settings need to be following the Assess, Plan, Do, Review graduated cycle before an application for an Education, Health and Care Needs Assessment can be made. Chapter 1 Special Educational Needs Support - The Graduated Approach has more information. Information is available to settings regarding the evidence needed when making an application for an Education, Health and Care Needs Assessment. Parent/Carers and young people can discuss whether an EHC Needs Assessment is required with their settings SEN Coordinator, Inclusion Manager or the SEN Team. Contact details for the SEN Team are available from chapter 8. In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.' DfE (2015) Special Educational Needs and Disability Code of Practice Related Document 7.1 Guidance on the evidence required for a statutory EHC needs assessment - Early Years 7.2 Guidance on the evidence required for a statutory EHC needs assessment - Schools and Colleges 7.3 Who is eligible for an Education, Health and Care needs assessment 7.4 Evidence required for an initial statutory assessment - short version 29

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31 8. Requesting an Education, Health and Care need assessment A request for an Education, Health and Care Needs Assessment for a child or young person can be made by the parent/carers or the young person themselves by sending a letter with supporting evidence to the SEN Team. With parental consent settings or professionals working with the family and child can also make a request for an Education, Health and Care Needs Assessment. Evidence must be submitted with the request to show what interventions have been implemented and reviewed under the graduated approach and whether this has had an impact on the child/young person s learning. You can send your request by or post to: SEN Team PO Box 3176 Parkview Office Campus Whitchurch Lane Bristol, BS3 9FS sen@bristol.gov.uk Tel: When an application for an Education, Health and Care (EHC) Needs Assessment has been made, the SEN Team will notify the parents/carers or young person by letter that the request for an EHC Needs Assessment has been received. The letter will also ask for the parent/carers or young person s views. The SEN Team will also make initial contact with professionals stated below to ask whether the child is known to them and if they have any information to forward. The SEN Team contact: The child or young person s educational setting Educational Psychology though the Inclusion Service for notification of whether the child or young person is known to this team Secretary for the Health Team for notification of whether the child or young person is known to this team. Social Care Team for notification of whether the child or young person is known to this team. 31

32 Parent/carers are also invited to tell the Local Authority the names of any other professional (currently involved) who they would like the Local Authority to contact to seek advice, if an assessment is agreed. Parent/carers or the young person will be notified by letter within a maximum of 6 weeks whether it is felt that the child/young person meets the criteria for an Education, Health and Care Needs Assessment. Local authorities may develop criteria as guidelines to help them decide when it is necessary to carry out an EHC needs assessment (and following assessment, to decide whether it is necessary to issue an EHC plan). However, local authorities must be prepared to depart from those criteria where there is a compelling reason to do so in any particular case and demonstrate their willingness to do so where individual circumstances warrant such a departure. Local authorities must not apply a blanket policy to particular groups of children or certain types of need, as this would prevent the consideration of a child s or young person s needs individually and on their merits.' DfE (2015) Special Educational Needs and Disability Code of Practice Related Document 8.1 Young Person Contribution Form 8.2 Parental Contribution Form 8.3 Request for EHC needs assessment form 8.4 Permission to communicate via - Post 16 32

33 9. What happens after 6 weeks By week 6 the initial gathering of information should be completed and the application is put forward to the Statutory Special Needs Education Needs (SEN) Panel. See Appendix 9.2 Statutory SEN Panel, Terms of Reference regarding the functions of the panel. If the panel decides that the child/young person does not meet the criteria for an Education, Health and Care Needs Assessment a letter will be sent to parents/carers/young person and the setting to notify them of the decision. At this stage the Education, Health and Care Needs Assessment process will end If the Education, Health and Care Needs Assessment ends the information and advice that has already been gathered could be put into an SEN Support Plan and the setting and parents/carers/young person will be contacted by the Inclusion Service about the possibility of a 'Going Forward' meeting. This meeting will help everyone understand why the process has stopped and what the next steps should be to support the child or young person. NOTE: Parent/carers have the right to appeal to the Special Educational Needs and Disability Tribunal. They are also signposted to Global Mediation, which parents must consider before making an appeal to the Tribunal. Chapter 20 has information on mediation and tribunals. If panel feel that the child/young person does meet the criteria for an Education, Health and Care Needs Assessment a letter will be sent to parent/carers/young person and the setting to notify them of the decision and the process moves forward to Gathering Advice for the Education, Health and Care Needs Assessment. Parent/carers/young person will also be given the name of an Assessment Coordinator. Chapter 10 Assessment Coordinators has more information. Related Document 9.1 Quick guide to EHC needs assessment 9.2 Statutory SEN Panel Terms of Reference (TOR) 33

34 10. SEN Assessment Coordinators When an application for an Education, Health and Care Needs Assessment has been agreed parent/carers and the young person will be notified of their SEN Assessment Coordinator and details of how to contact them if they have any questions. The SEN Assessment Coordinator is a member of the SEN Team or Preparing for Adulthood Team. Once the Education, Health and Care Plan Needs Assessment is completed the SEN Assessment Coordinator will collate the information to produce an Initial Draft. Within the Birth to 25 Integrated Service/Collaboration there are two teams of SEN Assessment Coordinators. The Special Educational Needs (SEN) Team process Education, Health and Care plans for pupils in Year 10 and under. The Preparing for Adulthood (PfA) SEN Team process Education, Health and Care plans for pupils in Year 11 and up to the age of has more information on the Birth - 25 Integrated Service/Collaboration. Related Document None. 34

35 11. Gathering Advice for the EHC needs assessment The SEN Assessment Coordinator will make contact with all professional which are actively involved with the child or young person s education, health and social care needs asking for a detailed assessment report, known as an Appendix giving them 6 weeks to respond (by week 12 from the request for an EHC need assessment). A professional is actively involved if they are working with a child or young person or the strategies or interventions they recommended remain relevant or continue to be implemented. Appendices requested are: School or educational setting Appendix B Health services - Appendix C Educational Psychologist - Appendix D Social care services - Appendix E Parents are also invited to submit further information about their child s needs as part of the assessment Your SEN Assessment Coordinator will arrange a Draft Education, Health and Care Plan Meeting (which will take place by week 16 of the process and will notify professionals, parent/carers and young people of this date. Related Document 11.1 Statutory timescales and process for EHC assessment and plan development 35

36 12. Personal Budgets An EHCP/SEN personal budget is a specified amount of money made available to deliver elements of an Education, Health and Care plan in a flexible way. Personal Budgets are available for support which is individual to the child or young person and are available for goods and services to meet EHCP outcomes that are additional to or different from those normally available in schools. Personal budgets cannot be used to purchase educational places, and monies cannot be removed from core provision of a school to provide this. They are used where a child/ young person's needs are such that a different approach to meeting education outcomes is required. Education personal budgets might involve a direct payment, (handing over money to young people or parents/carers to use themselves in an agreed way) but more often the Local Authority will take on contracting and pay for services.. Related Documents 12.1 Personal Budgets and EHCPs 12.2 Personal Budgets FAQ 36

37 13. Initial Draft When the initial draft has been written by the SEN Assessment Coordinator from the Appendices received, The Local Authority decides whether or not to agree to issue a Statutory Education, Health and Care Plan based on the information provided. If it is agreed that a Statutory EHCP should be issued then the initial draft becomes a Draft EHCP and will be sent to parent/carers and or young person with the appendices gathered during the EHC Needs Assessment. If the Local Authority s decision is to not issue a Statutory Education Health and Care Plan the SEN Assessment Coordinator will contact the parent/carer/young person and setting to advise them of the decision. They will also be advised to hold a meeting to transfer the information from the intial draft into a Support Plan and to discuss ways to support the child/young person. Chapter 3 Support plans and provision maps has information on support plans. They are also signposted to Global Mediation, which parents must consider before making an appeal to the Tribunal. Chapter 20 has information on mediation and tribunals. An EHC needs assessment will not always lead to an EHC plan. The information gathered during an EHC needs assessment may indicate ways in which the school, college or other provider can meet the child or young person s needs without an EHC plan.' 9.6. DfE (2015) Special Educational Needs and Disability Code of Practice Related Document 13.1 Preparing for Adulthood Requests for Independent Non-Maintained/Independent Specialist Provision 37

38 14. Draft Education, Health and Care plans If it is agreed that a Statutory Education, Health and Care Plan should be issued then the Draft EHCP will be sent to parents/carers/young person with the appendices/ information which was gathered during the EHC Needs Assessment. The letter sent with the documents outlines that the parents/carers/young person will be given 15 days to give their views on the content of the document and their preference of setting. Many parents choose to give their views and preferences during the planned Draft EHCP Meeting. Professionals from education, health and social care which currently work with the child/ young person are also sent the Draft EHCP and are invited to send their views to the SEN Assessment Coordinator. Related Document 14.1 Consult form for draft EHCP - Post Process for requesting a placement - Post Request for placement form - Post 16 38

39 15. Draft Education, Health and Care plan meeting The Special Educational Needs and Disability Code of Practice: 0-25 years states that the Local Authority must be available for a meeting with the child s parent/carers or the young person if parent/carers wish to discuss the contents of the Draft Education, Health and Care Plan (EHCP). In Bristol a Draft EHCP Meeting is arranged once an Education, Health and Care Needs Assessment is agreed. People invited to attend the meeting are: Parent/carers/young person SEN Coordinator or Inclusion Manager of the setting the child/young person attends Health professionals currently working with the child/young person Social Care staff who currently work with the child/young person Educational Psychologist A member of support services such as KIDS, Supportive Parents if parent/carer/ young person invites them directly (see page 5 for more details on these services). The meeting where possible will be chaired by the SEN Assessment Coordinator. The meeting allows the parent/carers/young person to discuss their thoughts on the Draft EHCP, discuss their choice/type of school, and request any amendments to the document. Changes to the draft may be agreed at the meeting although the SEN Assessment Coordinator may need to seek approval for some changes requested. Related Document None. 39