INTRODUCTION. The SEN Parent Partnership Service has been established to provide advice and information to parents and pupils.

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1 INTRODUCTION Birmingham Local Edcation Athority is responsible for managing the identification and assessment of, and provision for, children with special edcational needs. The SEN Parent Partnership Service has been established to provide advice and information to parents and ppils. This information pack is designed to explain special edcational needs procedres, to help yo nderstand the law and procedres that affect yo and yor child, and to provide information on other isses that may be sefl. Yor comments on this pack wold be appreciated. Page No CONTENTS 1 What is the Parent Partnership Service? 2 Role of the Parent Partnership Service 3 What are Special Edcational Needs? 4 SEN Code of Practice 5 Ppil Participation 6 Special Edcational Provision 7 CRISP 8 SENCO 9 School Action 10 School Action Pls 11 Early Years 12 Individal Edcation Plans 13 Stattory Assessment 14 Reqesting a Stattory Assessment

2 Page No 15 Procedre for Stattory Assessment 16 Timetable for Assessment 17 Statement of Special Edcational Needs 18 What is the Statement? 19 Note in Lie of Statement 20 Inclsion 21 Choosing a School 22 Annal Review 23 Transition Plans 24 Independent Parental Spporters 25 Disagreement Resoltion 26 Special Edcational Needs Tribnal 27 Disability Discrimination 28 Other Edcational Professionals involved 29 Disability Living Allowance 30 Incapacity Benefit 31 Other financial help available 32 Edcation Maintenance Allowance 33 National Organisations 34 Local Organisations 35 Definition of Terms 36 People involved in yor child s special edcational needs 37 Record of assessment and provision

3 WHAT IS THE PARENT PARTNERSHIP SERVICE? Birmingham City Concil established the Parent Partnership Service in order to ensre that parents of children with special edcational needs are flly involved in the assessment procedres and edcational provision for those children. Althogh the Parent Partnership Service is part of the Local Edcation Athority, we operate independently from the SEN Assessment Team. The new Code of Practice sets ot minimm standards for the Local Edcation Athority and the Parent Partnership Service. These concern: Working with parents Information and pblicity Training, advice and spport Networking and collaboration Informing local policy and practice We have a telephone Helpline that parents can call at any time for advice, and a range of information leaflets as well as this information pack. If yo want more information yo can contact the Parent Partnership Service: by telephone: by fax: by SENParentPartnership@birmingham.gov.k by post: Edcation Offices, Margaret Street, Birmingham B3 3BU. 1

4 ROLE OF THE PARENT PARTNERSHIP SERVICE The SEN PPS is expected to: Provide practical spport to parents, either individally or in grops, to help in discssions with schools, LEAs and other stattory agencies Provide accrate, netral information to parents on their rights, roles and responsibilities within the SEN process, and on the wide range of options that are available for their childõs edcation Inform parents abot other agencies, sch as Health Services, Social Services and volntary organisations, which can offer information and advice abot their childõs particlar SEN Ensre that, where appropriate and in conjnction with parents, the ascertainable views of the child are soght and taken into consideration Provide a range of flexible services inclding access to an Independent Parental Spporter for all parents who want one Provide netral, accrate information for parents on all SEN procedres as set ot in SEN legislation and the Code of Practice Interpret information pblished by schools, LEAs and other bodies interested in SEN Make available a wide range of information in commnity langages, and to parents who may not be able to gain access to information throgh conventional means Make available advice on special edcational needs procedres to parents throgh information spport and training Make available training on good commnication and relationships with parents to teachers, governors and SEN sections of the LEA Work with schools, LEA Officers and other agencies to help them develop positive relationships with parents Establish and maintain links with volntary organisations Ensre that parents views are heard and nderstood, and inform and inflence the development of local SEN policy and practice Reglarly review the effectiveness of the Parent Partnership Service, by seeking feedback from sers 2

5 WHAT ARE SPECIAL EDUCATIONAL NEEDS? The law says that a child has special edcational needs if he or she has learning difficlties, which call for special edcational provision to be made for them. Children have a learning difficlty if they: have a significantly greater difficlty in learning than the majority of children of the same age or have a disability which prevents or hinders the child from making se of edcational facilities of a kind generally provided for children of the same age or are nder complsory school age and fall within the above grops or wold do so if special edcational provision was not made for them As many as 20% of children may have special edcational needs at some point dring their edcation. Arond 3% of children have learning difficlties at a level that reqires a Statement of Special Edcational Needs to be issed. All children with special edcational needs have a right to a broad and well-balanced edcation. As a parent, yo have an important part to play in helping the Local Edcation Athority decide what edcation and which school is right for yor child. Most children with special edcational needs will attend mainstream schools, and be edcated with children of their age. Extra resorces and spport will be available to ensre that yor child receives the appropriate edcational provision. Special edcational provision means edcational provision which is additional to, or different from, the provision made generally to children of their age in schools maintained by the LEA. It also incldes, for children nder the age of two, 3

6 SEN CODE OF PRACTICE The Government issed a new Code of Practice on 1 Janary It gives practical gidance to Local Edcation Athorities and schools on their dties in special edcation. Those with stattory responsibilities nder the Edcation Act mst have regard to the Code of Practice. The Code sets ot gidance on policies and procedres aimed at enabling ppils with special edcational needs to: reach their fll potential be flly inclded in their school commnities make a sccessfl transition to adlthood The Code explains the way that LEAs are to operate policies and procedres, in line with the legislation covering special edcational needs. There is a clear commitment to: the right of children with special edcational needs to be edcated at a mainstream school arranging for parents to be provided with advice and information, and a means of resolving disptes ensre that schools and nrsery edcation providers inform parents of any special edcational provision The involvement of parents, ppils and volntary agencies is seen as essential to the identification of, assessment of, and provision for, children with special edcational needs. The Code of Practice gives gidance to those involved in special edcation, bt it does not tell them what to do in every case. Professional staff involved in assessment and provision are expected to se their jdgement as to how best spport children with special edcational needs. If yo wold like a copy of the Code of Practice, please contact the DfES on , or it is available on-line at the DfES website, at 4

7 PUPIL PARTICIPATION The SEN Code of Practice emphasises the right of children with special edcational needs to be involved in making decisions and exercising choices. Schools and LEAs mst encorage the participation of ppils in decision-making on their edcation: in the setting of learning targets in Individal Edcation Plans with regard to the choice of school, and at Annal Review meetings It is acknowledged that not all children will be able to flly participate or commnicate their wishes, bt it is essential for all those involved in edcation to try to ascertain ppils views. All those involved in decision-making need to: provide clear and accrate information abot the child s needs and the prpose of any provision help the ppil nderstand the agreed otcomes of any intervention explain clearly what additional spport or assessment arrangements are being made and how the ppil can contribte to them recognise the potential stress of assessment and review arrangements ensre that a ppil has access to a designated member of staff with whom they can discss any difficlties or concerns The Parent Partnership Service has prodced a separate information pack for yong people, designed to inform ppils and encorage participation. 5

8 SPECIAL EDUCATIONAL PROVISION The identification of special edcational needs can lead to a range of edcational provision. Provision that is made for children with special edcational needs can be made in a nmber of ways, depending on the type and extent of the learning difficlties. Special edcational provision refers to provision that is additional to or different from that made for all children. If a child does not have English as a first langage, then any problems that this may case do not cont as a learning difficlty nder the SEN Code of Practice. Other resorces are available to schools to assist children in learning English. Schools are expected to adopt a gradated response to provide for children, with a range of teaching strategies available. Within schools, special edcational provision can be made at School Action and School Action Pls levels, or with a Statement of Special Edcational Needs. Action taken to meet learning difficlties can mean that a child s needs can be resolved. In some cases, a contining lack of progress may reqire additional action to be taken. School Action and School Action Pls are not necessarily steps on the way to a Stattory Assessment. Neither are they hrdles to cross before obtaining a Statement. Special edcational provision shold be made to match the natre of a child s learning difficlties. In order to ensre that the most appropriate provision is made for a child, it is essential that there be reglar recording of a child s edcational needs, action taken and otcomes. The early identification and assessment of learning difficlties can lead to early provision, in the form of Early Years Action, Early Years Action Pls and Statements of Special Edcational Needs. 6

9 CRITERIA FOR SPECIAL PROVISION The Criteria for Special Provision (CRISP) is a process for matching descriptions of a ppil s needs with descriptions of special edcational provision and other arrangements. CRISP is intended to promote common standards for all children, and to ensre eqity and fairness. A CRISP assessment describes yor child s needs in a personal profile, which can be sed to compare those needs with the range of special needs for which provision is made by the LEA. CRISP provides a clear framework for assessing and recording ppil s special needs, and can help yo to nderstand the provision that has been made by the school and other agencies. Parents and teachers can se CRISP to share information, and to ensre that teaching strategies and plans are appropriate to the learning difficlties of children. All schools in Birmingham have copies of the CRISP booklet. Alternatively, the criteria can be viewed on the Edcation Service website ( For more information abot CRISP contact: SEN CRISP Team Margaret Street Birmingham B3 3BU Telephone

10 SPECIAL EDUCATIONAL NEEDS CO-ORDINATOR The Special Edcational Needs Co-ordinator (SENCO) has responsibility in schools and early edcation settings for the operation of the SEN policy and co-ordination of provision for children with learning difficlties. In conjnction with the headteacher at the school, and the governing body, the SENCO seeks to develop effective ways of overcoming barriers to learning and sstaining effective teaching to meet ppils needs. The key responsibilities of the SENCO inclde: overseeing the day to day operation of the school s SEN policy liaising with and advising fellow teachers managing the SEN team of teachers and learning spport assistants co-ordinating provision for ppils with special edcational needs overseeing the records on all ppils with special edcational needs liaising with parents of ppils with special edcational needs contribting to the in-service training of staff liaising with external agencies The SENCO also has responsibility for completing the school s and individal ppil s CRISP records in liaison with parents and external agencies. 8

11 SCHOOL ACTION Evidence that a child is not making progress can lead to the need for action to meet learning difficlties. Intervention nder School Action can be taken where there is evidence to spport concerns that a child: makes little or no progress even when teaching approaches are targeted particlarly in a child s identified area of weakness shows signs of difficlty in developing literacy or mathematics skills which reslt in poor attainment in some crriclm areas presents persistent emotional or behavioral difficlties which are not ameliorated by the behavior management techniqes sally employed in the school has sensory or physical problems, and contines to make little or no progress despite the provision of specialist eqipment has commnication and/or interaction difficlties, and contines to make little or no progress despite the provision of a differentiated crriclm The Special Edcational Needs Co-ordinator (SENCO) and the class teacher will decide on the provision necessary for the child to make progress. Parents will be conslted and kept informed on what action will be taken and progress made. School Action may inclde the involvement of extra staff bt can also reqire different learning materials, special eqipment or an individally planned teaching strategy. An Individal Edcation Plan (IEP) will be prepared, otlining action to be taken. This will be reviewed on a reglar basis. For children nder school age, in early edcation settings, intervention will take the form of Early Years Action. 9

12 SCHOOL ACTION PLUS If it is fond that a child is not making adeqate progress, or if a child s special edcational needs cannot be met nder School Action, then specialists may be conslted and new teaching strategies developed. Extra intervention nder School Action Pls can be made if, despite receiving an individalised programme, a child: contines to make little or no progress in specific areas over a long period contines working at National Crriclm levels sbstantially below that expected of children of a similar age contines to have difficlty in developing literacy and mathematics skills has emotional or behavioral difficlties which sbstantially interfere with the child s own learning or that of the class grop, despite having an individalised behavior management programme has sensory or physical needs, and reqires additional specialist eqipment or reglar advice or visits by a specialist service has ongoing commnication or interaction difficlties that impede the development of social relationships and case sbstantial barriers to learning It may be necessary to have an edcational psychologist provide a specialist assessment of a child s needs. A new IEP will be prepared, with new strategies for spporting progress. This will be reviewed on a reglar basis. For children nder school age, in early edcation settings, intervention will take the form of Early Years Action Pls. 10

13 EARLY YEARS Children with learning difficlties can be disadvantaged throghot their schooling nless their special edcational needs are properly addressed. The need for early identification and assessment of, and provision for, children with special edcational needs is recognised as vital. Special edcational needs in very yong children may first be noticed by child health services, which mst inform parents and the LEA of any concerns. Early years provision, wherever it occrs, is the fondation stage of edcation for all children. If a child appears not to be making progress, either generally or in specific areas, this can indicate the need for different approaches to be taken. For children aged over 2 bt nder school age, the LEA will consider whether a Stattory Assessment is necessary. For children aged nder 2, the LEA may carry ot a Stattory Assessment if the parents consent, and mst carry ot an Assessment if they reqest one. Early Years edcation provision can be in schools, nrseries and family centres, as well as with pre-school playgrops, childminders and Portage schemes. Early edcation providers will have an identified Special Edcational Needs Co-ordinator who will liaise with parents, advise other teachers and maintain Individal Edcation Plans for children with special edcational needs. Some additional, or different, action may be needed to help the child learn more effectively. This may be in the form of Early Years Action, Early Years Action Pls, or with a Statement of Special Edcational Needs. 11

14 INDIVIDUAL EDUCATION PLANS The Individal Edcation Plan (IEP) is a docment for teaching staff to plan the edcation for children with special edcational needs. An IEP is a planning, teaching and reviewing tool. It shold inclde what and how a child shold be taght, althogh only needs to record that which is additional to or different from the crriclm for all children. The IEP shold be accessible and easy to nderstand, and shold inclde information abot: short-term targets set for or by the ppil teaching strategies to be sed provision to be pt in place when the IEP is to be reviewed sccess criteria and/or exit criteria otcomes to be recorded In schools, individal, achievable targets shold be set relating to commnication, literacy, mathematics and behavior and social skills, in relation to the child s needs. It is essential that parents and ppils are involved in the preparation of IEPs and in the monitoring of progress. IEPs shold be reviewed at least twice every year, althogh often reviews will be held termly or more often, depending on a child s needs. Reviews of IEPs shold consider: progress made by the ppil parents views ppils views effectiveness of the IEP any specific isses that impact on a child s progress any pdated information and advice ftre action, inclding changes to targets and strategies, addressing particlar identified isses and whether there is a need for more information and advice abot the ppil and how to access it Reviews of IEPs shold not be confsed with the Annal Review of a Statement of Special Edcational Needs, althogh the crrent IEP will be part of that review. 12

15 STATUTORY ASSESSMENT While the majority of children with special edcational needs will be able to have their needs met throgh Early Years/School Action and Early Years/School Action Pls, in some cases it will be necessary for the Local Edcation Athority to make a Stattory Assessment of a child s needs. Assessment shold be ndertaken if the LEA believes that a child s needs probably reqire a Statement to be issed. Not all Stattory Assessments will reslt in Statements of Special Edcational Needs being issed. The LEA mst consider whether or not sch an assessment shold be made. When making this consideration, the LEA shold pay attention to: evidence that the school has responded appropriately to the reqirements of the National Crriclm evidence provided by the child s school, parents and other professionals where they have been involved with the child, as to the natre, extent and case of the child s learning difficlties evidence of action already taken by the child s school to meet and overcome those difficlties evidence of the rate and style of the child s progress evidence that where some progress has been made, it has only been as the reslt of mch additional effort and instrction at a sstained level not sally commensrate with provision throgh Action Pls If a child has significant difficlties, sch as a severe sensory impairment or severe emotional or behavioral difficlties, it may be appropriate for a child to have an immediate referral for Stattory Assessment. 13

16 REQUESTING A STATUTORY ASSESSMENT Reqests for a Stattory Assessment can be made by a parent, a school or other edcational setting, or an agency sch as the Health Athority or Social Services. If the reqest is made by a school, then the parents mst be informed of this reqest by the LEA, and asked to sbmit any evidence. When a reqest is made, the LEA mst notify the Edcational Psychology Service, Social Services and Health Athority to inform them that, if a Stattory Assessment is to be carried ot, a reqest will be made for evidence. The Parent Partnership Service will be notified of the reqest for assessment so that advice and information can be made available to parents. Within six weeks of the reqest, the LEA mst make a decision on whether or not to carry ot a Stattory Assessment. If a decision is made not to carry ot the assessment, then the parents mst be given reasons, in writing, as well as stating the provision that is considered appropriate. The school will also be notified. Parents have a right to appeal to a Special Edcational Needs Tribnal (SENT) against a decision not to make an assessment. If the LEA agrees to carry ot a Stattory Assessment, then advice will need to be obtained from a range of edcation and other service providers. 14

17 PROCEDURE FOR STATUTORY ASSESSMENT If the LEA agrees to carry ot a Stattory Assessment, it mst seek evidence related to edcational, medical, psychological or other factors that appear relevant to the child s crrent and ftre edcational needs. The views of the child mst also be taken into accont. Parents mst be informed of the Named Officer who will be responsible for arrangements relating to Stattory Assessment. It is necessary for the LEA to obtain: parental advice edcational advice medical advice psychological advice social services advice any other advice that may be desirable Having received all of the advice, the LEA mst make a decision on whether to make a Statement of Special Edcational Needs. This decision mst be made within ten weeks. If it is decided not to make a Statement, then parents mst be given a Note in Lie of Statement. Parents have a right to appeal to a Special Edcational Needs Tribnal (SENT) against a decision not to make a Statement. If a Statement is to be made, then a proposed Statement mst be sent to parents within two weeks, along with all of the advice obtained. On receipt, parents can make representations to the LEA abot the contents of the proposed Statement, and state a preference for the school that they wish their child to attend. If parents prefer a non-maintained school for their child, then the LEA mst be informed within 15 days. A final Statement shold be issed within eight weeks of the proposed Statement. 15

18 TIMETABLE FOR ASSESSMENT The time taken from a reqest for a Stattory Assessment to the issing of a Statement of Special Edcational Needs shold not exceed 26 weeks except in prescribed circmstances. 16

19 STATEMENT OF SPECIAL EDUCATIONAL NEEDS If the Stattory Assessment indicates that yor child needs extra edcational provision, which cannot be provided within normal school resorces, a Statement can be made describing yor child s learning difficlties and how they are to be addressed. At first, a proposed Statement is prepared, and parents can make representations and reqest meetings with the LEA to discss the proposals. The proposed Statement will not inclde the name of a school or edcation setting where the provision will be made. Parents can express their preference for a maintained school or make representations for placement in other schools. The final Statement will inclde the name of a school. The LEA mst name the maintained school preferred by the parents providing that: the school is sitable for the child s age, ability and aptitde and the special edcational needs set ot in Part 2 of the Statement the child s attendance is not incompatible with the efficient edcation of other children in the school and the placement is an efficient se of the LEA resorces Parents can choose to make alternative provision for their child, with edcation in an independent school or at home. The LEA mst be satisfied that the provision is sitable, and it mst meet the special edcational needs. The LEA does not have to contribte to the cost of edcating a child in these circmstances, bt it retains the legal dty to maintain and review the Statement. If a parent is nhappy with the contents of Parts 2, 3 or 4 of the Statement, then they have a right to appeal to a Special Edcational Needs Tribnal. 17

20 WHAT IS THE STATEMENT? The Statement of Special Edcational Needs is set ot in this way: 18

21 NOTE IN LIEU OF STATEMENT This is a docment that is issed to parents and the school when, following a Stattory Assessment, the LEA decides not to isse a Statement of Special Edcational Needs. If the LEA decides not to isse a Statement then this can case disappointment to parents, and may appear to be a denial of resorces for their child. The information abot the child that has been collected for the Stattory Assessment shold be sed by the LEA to explain to parents why the decision to refse a Statement has been made. This is done in the form of a Note in Lie of Statement. This will inclde the reasons for the decision and the evidence sed to spport the decision. Reports from the professionals that have been collected for the Stattory Assessment can be sed to assist yor child at school, even if the special edcational provision contines nder School Action Pls. Althogh this docment does not have the legal standing of a Statement, it is sefl to ppils, parents and the school as it can be sed to assist the review of an Individal Edcation Plan. 19

22 INCLUSION The principle of inclsion is one that tries to remove any barriers to learning and participation that can hinder ppils with special edcational needs. It is a process by which schools and the Local Edcation Athority develop policies and practices to inclde ppils. With the right strategies and spport, nearly all children with special edcational needs can sccessflly be inclded in mainstream edcation. Inclsion is abot more than simply the location of a child s school placement. It is also abot developing a sense of commnity and belonging, and encoraging mainstream and special schools to come together to spport each other and ppils. The Edcation Act 1996 maintains the principle of inclsion, and the dty to edcate children with special edcational needs in mainstream schools (with certain exceptions) has been reinforced by the SEN & Disability Discrimination Act Birmingham LEA has a policy statement that says: all children are entitled to a relevant and worthwhile edcation designed to enable individal ppils to participate flly in society and to contribte to, and benefit from, it this edcation will normally be provided in a mainstream nrsery, primary or secondary school, ths allowing participation in the local commnity and in home life with the parents. Where this is not possible, alternative special arrangements will be made in consltation with parents and, where appropriate, the yong person. Children can only be edcated in special schools if they have a Statement of Special Edcational Needs, althogh having a Statement does not necessarily mean that edcation will be in a special school. 20

23 CHOOSING A SCHOOL Parental preference has to be taken into accont when arranging for a placement for children with special edcational needs. It mst be noted that the legal responsibility on the LEA is to provide appropriate edcation for a child with special edcational needs; there is no legal dty to provide the best edcation. The policy of inclsion means that most children with special edcational needs will be edcated in mainstream schools, rather than special schools. However, children can only be edcated in special schools if they have a Statement of Special Edcational Needs. The Edcation Act places a general dty on the LEA to edcate a child with a Statement of Special Edcational Needs in a mainstream school nless it wold be incompatible with: the wishes of the parent, or the provision of efficient edcation for other children This dty means that mainstream edcation cannot be refsed on the gronds that the child s needs cannot be provided for within the mainstream sector. If a parent does not wish their child to be edcated in a mainstream school, the Local Edcation Athority may arrange a placement at a special school. If the parent prefers a special school, the decision on placement is made by the LEA and a mainstream school can be named on a Statement; there is a right to appeal to a Special Edcational Needs Tribnal on this qestion. On receipt of the proposed Statement, parents are invited to consider their preference for any maintained school which can meet their child s needs, or make representations in favor of a non-maintained or independent school. Parents can also choose alternative provision, sch as edcation at home, althogh the LEA mst be satisfied that the edcational provision is sitable. All maintained mainstream schools mst pblish information and a report on the school s policy on special edcational needs. This mst be made available to parents. 21

24 ANNUAL REVIEW All Statements of Special Edcational Needs shold be reviewed at least annally. It is the responsibility of the LEA to ensre that the review takes place. The Annal Review ensres that everyone involved in a child s edcation - parents, the ppil, teachers, other professionals and the LEA - consider the progress made and whether any amendments to the Statement are needed. The head teacher at the school mst ask for written advice from parents, and from any professionals involved in the child s edcation or planning for the IEP. On receipt of this information, the head teacher will send copies to all those who shold attend a review meeting. The review meeting shold inclde: parent(s) relevant teacher representative from the LEA and can inclde representatives from health and/or social services any professionals involved If the review is taking place in the year before transfer, there shold also be a representative from the receiving school. The review meeting shold consider: does the Statement remain appropriate? are any amendments to the Statement reqired? shold the LEA contine to maintain the Statement or, if the child s needs can be met throgh School Action Pls, shold it cease to maintain the Statement? are new targets to be set to meet the objectives in the Statement? Annal Reviews that take place in and after Year 9 reqire that a Transition Plan be drawn p. 22

25 TRANSITION PLANS The Annal Review of a Statement of Special Edcational Needs that occrs in Year 9 and sbseqent years mst inclde the drawing p and reviewing of a Transition Plan. The Transition Plan is abot ongoing school provision and post-school arrangements. Its aim is to plan coherently for the yong person s transition into adlt life, inclding ftre edcation or employment possibilities. The agencies that may play a part in the yong person s life, sch as social and health services shold be involved in these review meetings. There mst also be a representative from the Connexions Service. The Connexions Service provides an information, advice and gidance service for all year olds, to help prepare for the transition to work. A Personal Advisor from the Connexions Service mst attend review meetings and will be responsible for overseeing the delivery of the Transition Plan. It is essential that the views of yong people themselves are soght and recorded. The Personal Advisor will help to draw p an Assessment Profile, which will inclde information abot a yong person s level of basic skills, life skills, attitdes, health and other circmstances. Consltation with parents, the school and other professionals is also necessary for the preparation and review of the Transition Plan. Information on edcation, training, employment or benefits shold be made available. For those yong people with special edcational needs bt withot a Statement, there will be spport available from the Connexions Service. 23

26 INDEPENDENT PARENTAL SUPPORTERS An Independent Parental Spporter (IPS) is someone who volnteers to provide spport to parents of children with special edcational needs. All parents, if they wish, can have access to an IPS. The SEN Parent Partnership Service is responsible for recriting and training volnteers. The role of the IPS is to help parents and carers to express their views in matters concerning their child s edcation. This may involve: helping parents to nderstand the assessment process and the roles of professionals involved advising on points of contact with professionals helping with commnication between parents, schools and the LEA helping parents become more confident in expressing their views helping with letters, telephone calls and form-filling explaining official docments, inclding the Code of Practice attending meetings with parents assisting with the preparation of cases for appeals offering emotional and practical spport IPS volnteers can be parents, teachers or representatives from volntary organisations, who are independent of the LEA and decision-makers. If yo wold like to be pt in contact with an Independent Parental Spporter, or if yo wold like to volnteer to become an IPS yorself, please contact the SEN Parent Partnership Service. 24

27 DISAGREEMENT RESOLUTION The SEN Parent Partnership Service can help to prevent difficlties from developing into formal disagreements. There will inevitably be times when parents are confsed abot the SEN procedres, or when there are disagreements between parents and the LEA. We can give advice and spport to parents at these times, and can get information for yo, explain procedres or help yo pt yor case to the LEA. We will accompany yo to meetings, help with correspondence and negotiate with the Assessment Service. We have a telephone Helpline that parents can call at any time for advice. If yo have a disagreement with the LEA or the school abot yor child s edcation, then yo can also ask for help from the Disagreement Resoltion Service. This is a regional independent body, which can act as a formal mediator on isses nder dispte. It is hoped that many disagreements can be resolved qickly in this way, withot lengthy appeal proceedings. However, access to this service is entirely volntary, and does not affect yor legal rights to challenge decisions. We can also pt yo in toch with volntary organisations that can offer advice and help. These can offer expertise in particlar areas of learning difficlty or disability, or with edcation law and procedres. If yo disagree with a decision made abot yor child s special edcational needs, yo may have the right to appeal to a Special Edcational Needs Tribnal. Yo will be informed of yor right of appeal when a decision is made, and can ask for an explanatory booklet and appeal form. Not every decision carries the right of appeal to a Tribnal. Some parents are also dissatisfied with the service that they receive from the local athority. If yo feel that there have been mistakes made, or procedres ignored, and that yo or yor child have sffered some injstice as a reslt, then yo can make a complaint to the Local Government Ombdsman, who may investigate yor case. 25

28 SPECIAL EDUCATIONAL NEEDS TRIBUNAL If yo are dissatisfied with the LEA s decision on a reqest for Stattory Assessment or abot a Statement of Special Edcational Needs, yo have the right to appeal to an independent Special Edcational Needs Tribnal (SENT). It is to be hoped that any disptes with the LEA cold be discssed and resolved, and there are arrangements for referral to the Disagreement Resoltion Service. This does not interfere with yor legal right to appeal against a decision. Yo can appeal to a SENT if: the LEA refses a reqest to carry ot a Stattory Assessment of yor child the LEA refses to make a Statement after carrying ot a Stattory Assessment yo disagree with the description of yor child s special edcational needs in Part 2 of the Statement yo disagree with the special edcational provision to be made for yor child, in Part 3 of the Statement yo disagree with the decision of the LEA abot the school named in Part 4 of the Statement the LEA decides to cease to maintain a Statement Appeals mst be made within two months of the LEA decision. Appeal forms are available from the Parent Partnership Service or the SENT office. The SENT is made p of a legally qalified Chair and two other members with knowledge of special edcational needs. Any SENT hearing will be held locally. The hearings are informal, bt yo can be represented at the hearing by an advisor, a friend or a lawyer. Both yo and the LEA are allowed to take witnesses to the hearing. From September 2002 the SENT will become the Special Edcational Needs and Disability Tribnal (SENDIST) and will be able to deal with some complaints on the gronds of disability discrimination in schools. 26

29 DISABILITY DISCRIMINATION The SEN & Disability Act 2001 brings school and other edcational facilities nder the provisions of the Disability Discrimination Act. From September 2002 it will be nlawfl to discriminate against a disabled ppil. Discrimination is here defined as treating a person less favorably for a reason relating to his disability where this treatment wold not apply to others and this treatment cannot be jstified. For the prposes of this legislation, a disabled person is defined as someone who has a physical or mental impairment which has a sbstantial and long-term adverse effect on his ability to carry ot normal day-to-day activities. Becase of this definition, children with special edcational needs will not necessarily be defined as disabled. Discrimination will be nlawfl in relation to: edcation and associated services provided to ppils the arrangements for determining admissions to schools exclsion - temporary or permanent - from school There is no reqirement for a school to make any physical alterations to premises or to provide axiliary aids. LEAs mst prepare accessibility strategies aimed at increasing the extent of participation in schools crricla and improving the physical environment of schools. Complaints of disability discrimination will generally be heard by the new Special Edcational Needs and Disability Tribnal (SENDIST) althogh cases concerning admissions and permanent exclsions will be heard by Independent Appeals Panels. The SENDIST, if it finds discrimination, can order any remedy it thinks appropriate bt cannot award any financial compensation. 27

30 OTHER EDUCATIONAL PROFESSIONALS INVOLVED The LEA operates a range of edcation services that may become involved in the identification and assessment of, and provision for, yor child s special edcational needs. EDUCATIONAL PSYCHOLOGISTS An EP will meet with yo and yor child to carry ot assessments of her/his needs to ensre that the school is able to identify meaningfl and appropriate targets in the IEP. After a Stattory Assessment is carried ot, a formal report from the EP will be attached to the Statement or Note in Lie of Statement. VISITING TEACHER SERVICE The VTS may become involved at any stage. A teacher will visit the school on a reglar basis to work with yor child and to spport the school in meeting particlar needs of yor child (e.g. hearing or visal impairments). BEHAVIOUR SUPPORT SERVICES The BSS will become involved when the school reqests spport in meeting a child s behavioral needs. Any spport given can be within the school or in a behavior nit if the parents and school think that this is more appropriate. Intervention here is to enable the child to learn strategies to help them to manage their own behavior more sccessflly. PUPIL AND SCHOOL SUPPORT Spport from the PSS comes in the form of a specialist teacher who assesses yor child s learning needs and spports the school, parents and the ppil in identifying appropriate targets and teaching approaches to maximise learning otcomes. PORTAGE SERVICE Portage services offer yo help at home, before yor child moves on to nrsery or school, to spport the development of yor child s play, commnication, relationships and learning within yor family. 28

31 DISABILITY LIVING ALLOWANCE Disability Living Allowance (DLA) is a social secrity benefit to help with the costs of disability. It has two parts, dealing with care and mobility needs. To be eligible for DLA Care, a person mst reqire attention in connection with their bodily fnctions, or spervision to avoid a sbstantial danger. These can be in the day, at night, or both. There is no lower age limit to claim this part of DLA. To be eligible for DLA Mobility, a person mst be nable or virtally nable to walk, or reqire gidance or spervision when walking otdoors. There is a lower age limit for this part of DLA; no claim can be made for a child nder the age of 3. In order for children to qalify for DLA, it is necessary to show that their needs are sbstantially in excess of what is normally reqired by a person of that age, or that sbstantially more gidance is needed when walking. Claims for yong people nder the age of 16 are made on their behalf by a parent or carer on form DLA1Child. Yo can order a claim form by telephoning the Benefit Enqiry Line of If a sccessfl claim is made for either part of DLA, yo may be able to claim extra Income Spport, Hosing Benefit, Concil Tax Benefit, Working Families Tax Credit or Disabled Person s Tax Credit. If yor child is awarded DLA Care, yo may be able to claim Invalid Care Allowance if yo are looking after them. If yor child is awarded DLA Mobility, yo may be able to claim exemption from Vehicle Excise Dty, and may qalify for a Ble Badge for concessionary parking. Social secrity and other claim forms are lengthy and yo may reqire help and advice to complete them. It is advisable to ask for advice from a Neighborhood Office or Citizens Advice Brea if yo are considering making a claim or have qestions abot any of the benefits referred to above. 29

32 INCAPACITY BENEFIT Incapacity Benefit is the social secrity benefit paid to those who are incapable of work, and who have paid sfficient National Insrance contribtions. However, it can be claimed by those yong people who are incapable of work before the age of 20, withot having to pay any NI contribtions. The qalifying rle is that a person is incapable of work on or before their 20th birthday and has been so for a period of 28 weeks. To claim this benefit, a IB(Y)1 form needs to be completed and retrned to the DSS. A medical certificate from a GP is also needed to prove incapacity for work. If yo also obtain a backdated medical certificate for 28 weeks then this benefit can be paid immediately. This benefit can be claimed from the 16th birthday. Incapacity Benefit can be claimed in this way even if still in edcation. For those aged 16,17 or 18, this benefit can be paid if: the person stdies for less than 21 hors a week or if the edcation exceeds 21 hors, the extra hors of stdy wold not be sitable for persons of the same age and sex who do not sffer from a physical or mental disability. If a yong person claims Incapacity Benefit in this way then any claim for Child Benefit made in respect of them mst cease. It may also be possible for a yong person claiming this benefit to also receive Income Spport (IS). This is a means-tested benefit and other income (except for Disability Living Allowance) and capital in excess of 3,000 can affect the amont of IS payable. It is advisable to get detailed advice from a Neighborhood Office or Citizens Advice Brea before making a claim. 30

33 SOCIAL FUND OTHER FINANCIAL HELP AVAILABLE Applications can be made to the DSS Social Fnd for Commnity Care Grants, Bdgeting Loans or Crisis Loans. These are discretionary payments. In order to apply for a payment, yo mst be in receipt of Income Spport (except for Crisis Loans). Applications can be made for essential items - sch as bedding or frnitre - or for travel costs to visit someone in hospital. Application forms are available from the DSS, or from Neighborhood Offices or Citizens Advice Breax. FAMILY FUND The Family Fnd is a Government fnded trst that aims to ease the stress on families who care for very severely disabled children. The Fnd allocates grants to families for items or services not available throgh yor health athority or local athority. Help can be given with taxi fares, landry eqipment, holidays, bedding and clothing, driving lessons, play eqipment, decorating and many more things. A range of information leaflets dealing with the care of children with disabilities is also available. A representative from the Family Fnd will visit applicants to discss the needs of the family and the help that may be available. Application forms are available from: The Family Fnd P.O.Box 50 York YO1 9ZX Tel:

34 EDUCATION MAINTENANCE ALLOWANCE Edcation Maintenance Allowance (EMA) is a payment that can be claimed for those aged between 16 and 19 who are in fll time edcation. The EMA can pay p to 30 a week dring term time an additional 80 each term for good attendance an additional 140 each year if agreed standards are met The amont payable is affected by the income of parents (or of the stdent if s/he receives a social secrity benefit in their own right). Eligibility for EMA does not affect entitlement to other social secrity benefits. EMA is normally paid for two years, bt if a ppil has a Statement of Special Edcational Needs then the allowance can be paid for three years. The EMA is crrently only payable to residents of Birmingham. In order to qalify for the EMA, the ppil, parents and school or college have to sign a learning agreement. For EMA prposes, fll-time edcation means at least 12 hors a week. For more information contact: EMA Team Grond Floor Concil Hose Extension Margaret Street Birmingham B3 3BU Telephone EMA@birmingham.gov.k 32

35 NATIONAL ORGANISATIONS 33

36 LOCAL ORGANISATIONS 34

37 DEFINITION OF TERMS 35

38 PEOPLE INVOLVED IN YOUR CHILD S SPECIAL EDUCATIONAL NEEDS Yo may find it sefl to keep a record of those involved in the assessment of and provision for yor child. 36

39 RECORD OF ASSESSMENT AND PROVISION It is sefl to keep a record of when decisions were made and correspondence sent abot yor child s special edcational needs. 37