Education, Health & Care Plans and other changes in Special Educational Needs and Disabilities

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1 Getting a Result Factsheet 1 Education, Health & Care Plans and other changes in Special Educational Needs and Disabilities The government has recently introduced changes to the way the system of system of Special Educational Needs and Disabilities (SEND) will work in England. The changes have been made into law through the Children and Families Act Under the new system, education, health and social care services will be encouraged to work more closely together. This should help them to understand young person s needs better, deliver more suitable services and help young people to achieve their outcomes. The most important changes to be aware of are: Education, Health and Care plans: Statements of SEN and Learning Difficulty Assessments (LDA) will be replaced with new Education, Health and Care Plans (EHC plans). The EHC plans will be developed by professionals from across education, health and social care services, who have been working with the child/young person. EHC plans will describe the nature of the child s special educational needs and will include information about the support they require to get the most from their education. They will also describe any health and social care services that may contribute to the young person s ability to learn. Unlike Statements of SEN which were only available to children and young people between the ages of 0 to19, EHC plans will be available to children and young people from the ages of 0 to 25. The EHC plan can continue over the age of 19 if the young person remains in education or training and where more time is needed to help them achieve their learning outcomes or make a successful transition into adulthood. Young people entering higher education will not receive support through an EHC plan. Instead, they should receive support through the Disabled Students Allowance. There is much more information about EHC plans later in this fact sheet. The Local Offer Under the new system, each local authority must produce a Local Offer. The Local Offer will set out information on what services will be available locally to support children and young people with SEN, including education, health and social care services in a single place. The information must be made available online. The Local Offer should contain information about the services available locally, but also list specialist services based outside of the local authority that children/young people may wish to use. Getting information about national specialist services will be very important for deafblind children and young people, as often these are the only services that can cater for their needs. 1

2 Local Offers will look different in each local authority area but they all should include information about the following services: Special educational, health and social care provision for children and young people with SEN or disabilities (including deafblind children) Details of how parents/young people can request an assessment for an EHC plan Arrangements for identifying and assessing children and young people s SEN Other educational services, such as sports or arts activities Post-16 education and training Apprenticeships, traineeships and supported internships Arrangements for travel to and from education institutions Support to help children and young people move between different stages of education and to prepare for adulthood Sources of information, advice and support in the local authority s area relating to SEN and disabilities, forums for parents, carers and support groups Leisure activities Support available to young people in higher education, particularly the Disabled Students Allowance (DSA) and the process and timescales for making an application for DSA Arrangements for resolving disagreements and for mediation New types of support available for families and young people: A key principle of the new system is that children/young people and their families must be at the centre of all the decisions made. Local authorities must ensure that parents, children and young people are involved in discussions and decisions, including planning outcomes and making provision to meet those outcomes. Young people will be given the opportunity to make their own decisions when they have reached the end of compulsory school age, if they desire it and have the capacity to do so. Local authorities will be encouraged to use keyworkers and Independent Supporters (see below) to help families to understand how the new system works and to guide them through the new processes. If a child/young person is offered support through an EHC plan, parents/young people now have the right to request a personal budget to help them to access the support they require. The personal budget will allow young people or parents to buy support identified in the plan directly, rather than relying on the local authority. 2

3 More about EHC plans In the new system, Statements of SEN and Learning Disability Assessments are replaced with EHC plans. The EHC plan is a legal document which will describe the child/young person s SEND and the support they should receive to help them achieve their aspirations and life outcomes. Unlike Statements of SEN, EHC plans can run from birth until the young person reaches the age of 25. Under the Children and Families Act 2014, eligibility for an EHC plan should remain the same as it is now for a Statement of SEN. This means that all children and young people who currently have a Statement of SEN should be transferred to an EHC plan. Timetable for moving to the new system The new system took effect in September Young people who already have a Statement of SEN or LDA will continue to receive the support outlined within their Statement of SEN/LDA. However, local authorities will make arrangements to transfer children/young people with a Statement of SEN onto an EHC plan at some point within the first three and a half years of the new system being operational, and therefore by April Young people who currently have an LDA will need to request an EHC needs assessment if they require an EHC plan. Unlike Statements of SEN, the local authority will not initiate the transfer review process. For young people with a Statement of SEN, it is the responsibility of the local authority to initiate a transfer review and to start the process for getting an EHC plan. The plan should be issued within 14 weeks of the start of the review. If the EHC plan is not required, parents should be notified within 10 weeks. This means there should not be a gap in the support offered to young people as a result of the changes being introduced. Local authorities will decide exactly when young people with Statements of SEN should be transferred onto an EHC plan. They are likely to do this when the young person is at a key point of transition in the education system this is especially relevant for young people preparing to make the transition to adulthood. You can find out more about exactly what is planned in your local area by asking your local authority for a copy of their transition plan, which they must make available online by September What the EHC plan should look like The local authority will write up and issue a young person s EHC plan Local authorities may have different rules about which professional should be responsible for writing the plan. For MSI young people it is advisable to involve a professional with specific knowledge and experience of MSI in the writing of the plan and setting learning outcomes. Under the new legislation, local authorities must consult with children, young people and families when deciding the contents of the plan. They need to be able to show how the child or young person has contributed to the plan and how their views are reflected in it. The exact format of EHC plans will be agreed locally and plans from different local authority areas may look different. Despite the differences in formats, all EHC plans will need to include the following information to comply with the law: 3

4 The views, interests and aspirations of the young person and those of his or her parents. The young person s special educational needs. The young person s health care needs which are related to their SEN. The child or young person s social care needs which are related to their SEN. The outcomes sought for the young person. The special educational provision required by the young person. Any health provision that will be reasonably required by the learning difficulties or disabilities which result in the young person having SEN. Any social care required by the young person. The name and type of the school, maintained nursery school, post-16 institution or other institution to be attended by the young person. Where there is a Personal Budget, the details of how it will be used and the arrangements for direct payments for education, health and social care. The advice and information gathered during the assessment must be attached in appendices. When a draft is ready, the local authority must share it with parents and the young person, along with copies of all the information and advice collected during the assessment. You will then have 15 days to provide comments on the content of the plan and ask for any changes you would like to be made. You can either submit comments in writing and/or ask for a face-toface meeting to discuss the draft plan. When the local authority sends a draft plan, you will also have the right to request a particular school or a type of school or college to be named in the EHC plan. You can ask to name: A school or post 16 institution maintained by the local authority. It can be a mainstream or special school; Any form of academy or free school; Non-maintained special schools or independent schools or colleges. The local authority must name the school you are asking for in the plan unless: It would be unsuitable for the age, ability, aptitude or SEN of the young person, or; The attendance of the young person would be incompatible with the efficient education of others, or the efficient use of resources. Once the plan has been agreed, you will be legally entitled to receive all the support outlined in the EHC plan from local authorities and health providers. If the different agencies cannot agree on who should deliver the services outlined in the plan, they must have clear procedures in place to resolve their disputes. 4

5 If you move home If you move into a new local authority area, the old authority must transfer the EHC plan to the new authority on the day of the move. The new authority will then become responsible for providing the services outlined in the plan, and for reviewing the contents of the plan. Make sure you notify your local authority if you are planning to move so they have enough time to arrange for the plan to be transferred (most will need 15 working days notice). EHC Plans and Personal Budgets Under the new legislation, when an EHC plan is issued or reviewed, parents and the young person have a right to request a personal budget. A personal budget is a sum of money which can be allocated to parents/young people to help them to arrange the support described in the EHC plan. It can be used in different ways: Direct payments Families/young people are given a sum of money to buy and manage the services they need themselves; Notional budget The local authority, school or college puts aside a sum of money for the child/young person and this is used to buy and manage the support described in the EHC plan; Third party arrangements Money is paid to an individual or organisation that buy and manage services on behalf of the parent or young person; A combination of the above. Parents and young people are not obliged to have a personal budget, even if the local authority insists. It is your choice, but the local authority has a duty to provide a personal budget if you request one. If you are offered a personal budget, you must be satisfied that the amount of money you are being offered is sufficient to cover the cost of the provision described in the EHC plan. If you think the amount on offer is unreasonable, you can ask the local authority to explain how they think the budget would cover the cost of all the support needed. If you need support with a personal budget, the local authority must give you the contact details of organisations that should be able to support you. The local authority s local offer should contain information about the services which are available through a personal budget and the local authority s policies about personal budgets. 5

6 Making sure the young person s EHC plan meets their needs Key questions: Does the EHC plan clearly and accurately describe the young person s MSI and any additional needs? Does the EHC plan describe how deafblindness affects the young person s ability to learn, access information, communicate, get around and interact with others? Does the EHC plan set out outcomes which are appropriate for your child? Are the outcomes SMART (specific, measurable, achievable, realistic, time limited)? Is it clear how short term outcomes will be set and how the progress will be monitored? Is the provision described in the EHC plan directly related to meeting each of the child/young person s needs? Does the provision include specialist support if this has been recommended by specialists during the assessment such as support from an MSI teacher, a trained intervenor or communicator guide? Does it include all other support that has been recommended by specialist teachers and other experts during the assessment? If a specialist Deafblind Guidance assessment has been done as part of the process, does the plan include its recommendations? Is the type of support needed specifically described? Is it quantified in terms of hours, frequency and level of expertise? Is the EHC plan clear about who is responsible for providing the support outlined? Is support aimed at educating or training a child included in the section which sets out educational provision for instance speech and language therapy, or occupational therapy? Is there a review date? The Annual Review Young people with an EHC plan must have their provision reviewed every 12 months (running from the time of issue of the first plan and then within 12 months of that review). The purpose of the review is to make sure that young people are making progress towards their outcomes and longer term aspirations and to decide whether the outcomes and targets remain appropriate. The views of the young person (See Section 7: Hearing the young person s voice) and their parents must be considered as part of the review process and the review meeting must be called by the educational institution that is attended by the child/young person. The following people must be invited and should be given at least two weeks notice of the meeting: The child s parents or representative A representative of the school or other institution A local authority SEN officer A health service representative A social care representative Any other relevant individuals 6

7 Important Review dates during the transition to adulthood EHC plans must be reviewed and amended when a child or young person moves between the different stages of their education: If the child/young person is moving between schools, any reviews and amendments to the EHC plan must be completed by 15 February in the calendar year where the transfer will take place If the young person is moving into a post 16 institution or apprenticeship, the review and amendments to the EHC plan must be made by 31 March in the year of the transfer If the young person is moving between post 16 institutions, the EHC plan should normally be reviewed by 31 March when the young person is expected to transfer to a different institution in the new academic year (this should always take place at least 5 months before the transfer takes place) All annual reviews taking place from year 9 (at least) onwards should include a focus on planning for adulthood The educational institution must then seek advice and information from all those attending about whether the child/young person is making progress and getting the support they need. The educational institution will circulate the reports they receive to all the professionals who will attend the meeting, at least two weeks before it takes place. Good practice would also be to invite the young person to attend and contribute to the review (See Section 7: Hearing the young person s voice). After the meeting, the educational institution must prepare and send a report of the meeting to everyone invited within two weeks. The report should detail any recommended changes needed to the plan and it should also detail any differences in opinion about how/whether the EHC plan should be amended. Within four weeks of the review meeting, the local authority must communicate to the parents, young person and educational institution attended, stating whether they intend to keep the plan as it is or amend it. If the plan needs to be amended, the local authority should start the process of amendment without delay. If they decide not to amend the plan they must notify the child s parents, or the young person of their right to appeal against that decision and the time limits for this. Young people over the age of 18 will not have an automatic entitlement to an EHC plan, even if they already have a LDA (unlike those under the age of 18). However a local authority should continue to maintain an EHC plan for a year old if they need longer in education or training to achieve their outcomes and make an effective transition into adulthood. 7

8 Independent supporters Independent supporters have been introduced by the Children and Families Act They should be available in all local authority areas to: help you to understand the local referral process and local offer act as a named contact person throughout the EHC assessment and planning process; focus on the main task of helping you to transfer a Statement of SEN or Learning Difficulty Assessment (LDA) to an EHC plan help you to put together the one page profile for your child or young person work with you if you are new to EHC referrals or if you have had a LDA under the old system; liaise across a range of local services and help you to gather the information required for an EHC plan; provide you with information to help you understand personal budgets; signpost you to Information Advice and Support Services when the issue is outside the remit of an Independent Supporter How can you access an Independent supporter? You should first contact your local Parent Partnership Service (now known as Information, Advice and Support Services), who will be able to tell you of the local arrangements and signpost you to the appropriate starting point of the local referral pathway. A list of local Information, Advice and Support Services and Independent supporters can be found here: listoforgsundercontract-august2014-final.pdf Social care transition In the past, young people with MSI sometimes found themselves without social care support when they reached 18 due to delays in adult provision being put in place by local authorities. The Care Act 2014 should improve this situation. Under the new legislation, local authorities will be expected to continue to provide the young person with support from children s services until adult services have made a decision about the support that they will provide. This means that support will continue to be funded by children s services until this happens. Where young people are likely to have needs for care or support after the age of 18, the local authority must now carry out an adult care transition assessment before the child reaches the age of 18. This assessment will identify what the young person s social care needs will be and the findings will be set out in a Care and Support Plan. The Care and Support Plan should then form the care element of a young person s EHC plan. Where the young person is MSI, the assessment should be carried out by someone with specific training and expertise relating to deafblind people. 8

9 New rights for young people over the age of 16: It is important to note that after the end of the academic year in which a young person turns 16, all decision-making powers can transfer from their parents to the young person. They can still ask their parents to support them, or even represent them, but final decisions should be made by them. Local authorities should provide support to young people where necessary to enable them to make decisions. This support could include independent advocacy or the provision of information and advice directly to young people. Young people have the rights to: request an assessment for an EHC plan up to age 25 make representations about the content of their EHC plan request that a particular institution is named in their EHC plan request a Personal Budget for elements of an EHC plan appeal to the First-Tier Tribunal (SEN and Disability) be involved in decision making reasonable adjustments, including the provision of information in accessible formats. Learn more about the SEND reforms The Government has published a new code of practice for professionals working in SEN and Disability to reflect the new legislation. You can read the Code here: Further reading EHC plans The Local Offer Independent Supporters Created: January 2015 Review due: January