Autumn Newsletter 2012

Transcription

1 Autumn Newsletter 2012 Gill Milner and Gillian Bucklow Parent Partnership Officers

2 York Parent Partnership Service The Parent Partnership Service in York provides impartial support, advice and information for parents and carers of children with learning difficulties and/ or disabilities. We are able to advise on all areas of special educational need, including statements or school action and school action plus provision. We promote and enable the active involvement of parents and carers in all decisions about their child s education. We can attend meetings in schools and with the local authority, offer mediation, negotiation and disagreement resolution. We are an entirely confidential service. We are also able to put families in touch with support groups and we offer training, advice and support to schools, education and health staff, voluntary organisations and other agencies. Visit our webpage for more information: sen/ypp/ Contact details: Gill Milner and Gillian Bucklow York Parent Partnership Service Mill House, North Street York. YO1 6JD. Tel: (01904) / gill.milner@york.gov.uk gillian.bucklow@york.gov.uk Changes to benefits: Welfare Reform Act 2012 Disability Living Allowance (DLA) Current situation: DLA provides extra income to help with the costs of disabled living. It can also be a passport to other benefits. Qualifying for DLA can automatically entitle the young person to other benefits and concessions. Once a young person is aged 16 they can, if they wish, claim DLA in their own right. Parents can claim DLA on behalf of the young person, when he/she is under 16 years of age. DLA is in two parts, care component and

3 mobility component. The care component is paid at 3 levels: Higher, Middle and Lower rate, depending on care needs. The mobility component is paid at just two levels: Higher and Lower rate. Personal Independence Payment-will replace DLA, for 16+ year olds, from The government proposal is to replace DLA for people of working age (16-64 yrs), with a new benefit, Personal Independence Payment (PIP), from The government have said that they are committed to supporting disabled people to lead independent lives and exercise choice and control. PIP will focus support to those individuals who experience the greatest challenges to remaining independent and leading full and active lives. PIP considers a broader range of impairment types than DLA and will take better account of sensory impairments, developmental disorders, learning disabilities, cognitive impairments and mental health conditions. Employment Support Allowance (ESA). ESA is a benefit which is payable to people whose ability to work is limited by ill health or disability. Income-related ESA can be claimed from age 16 and is payable even if you are in residential school or college, if you are in the support group. Entitlement is based on a work capability assessment which divides claimants into two groups: The support group and the work-related activity group. The group that you are in determines the amount of ESA you receive. Getting more advice on benefits: Are you missing out on money you may be entitled to? Leaflets and claim forms are often available in post offices; or contact one of these helplines or organisations: Child Benefit : Child Tax Credit and Working Tax Credit : or obtain information from the Inland Revenue office at Swinton House, Piccadily, York Disability Living Allowance : Textphone For severely disabled children who need help with getting around or with personal care, and for some children who need constant supervision because of severe learning or behavioural difficulties.

4 Carer s Allowance : Or obtain leaflets from the Jobcentre Plus offices in York at Stonebow or Monkgate NHS health costs : Or ask at York District Hospital patient help desk. Council tax/ housing benefit, housing adaptations, blue badge scheme, concessionary fares, parking permits: Phone City of York Council on You can obtain confidential advice from your social worker, or from the council s welfare benefits advisers on or York Citizens Advice Bureau This service can point carers in the right direction, to let them know help, advice and support is available to them and the people they care for. Help from the LA To find out if you are entitled to free transport, concessionary fares to school, free school meals or clothing grants for school uniform, contact the LA s School Services Team on years Bursary Fund If your child is staying on at school or college after school leaving age, and your family income is low, colleges and schools may be able to make discretionary payments to help with transport, meals and books. For advice, speak to student support services or your tutor. Help From Charitable Organisations If you have a social worker, family centre worker or educational social worker, ask if you might be entitled to help from a local charitable trust. The sums involved are small and are allocated to families in greatest need. You can also obtain copies of the useful free guide Carers Information Pack from York Carers Centre on The aim of the Carers York Central Reference Library has a copy of the Educational Grants Directory which gives details of national and local sources of grants and charities for education purposes. Family Fund helping disabled children: If you are caring for a severely disabled child and your family income and savings are low, you may be able to get help from the Family Fund Trust ask your social/health care worker, or telephone the Trust for information and an application form on Their website also has useful information for carers: info@familyfund.org.uk

5 Snappy Saturday Scheme (5-12 yrs) This scheme is for children and young people who having learning and/or other additional needs. Inclusive and Disability Sport and Physical Activity Information: City of York Council, Sport and Leisure, have information on a wide range of inclusive sport and leisure facilities. Contact : Paul Ramskill at CYC on or paul.ramskill@york.gov.uk Please contact Snappy for details: York Boys Club, 84 Lowther St, York Y031 7LX Tel: or snappyoffice@btconnect.com Auxiliary aids and services in schools Choose 2 Youth Club For young people of secondary school age, who have additional needs. Moor Lane Youth Centre Wednesdays: 7pm-9pm For more information contact: Rachel Smith on or Steven Rouse on From September 2012, the reasonable adjustments duty was extended to include the provision of auxiliary aids and services for disabled pupils in schools. Section 20 of the Equality Act 2010 requires schools to take such steps as it is reasonable to have to take, to ensure that a disabled pupil, or prospective pupil, is not at a disadvantage. This could include, for example a laptop, sloping desk or anything which provides additional support or assistance to a disabled pupil (The Equality and Human Rights Commission s draft Code of Practice for schools). The reasonable adjustment duty is anticipatory, so schools need to think ahead to avoid the disadvantage.

6 MyFIS Information Scheme If you are a mum, dad or carer of a disabled child then you can join York Family Information Service s Information Scheme. Being a parent or carer is one of the most challenging and rewarding things you will ever do. The Information Scheme is here to make it easier to get helpful and up to date information. When you join the Information Scheme as a parent or carer of a disabled child you'll get: Regular packs of information tailored to the age of your child and where you live. A free Max Card giving free entry to museums and galleries across Yorkshire. The chance to have your say in key consultations that may affect your family. What is MAX Card? MAX Card is a scheme that gives children, their carers and other family members free entry to museums and galleries across the Yorkshire region. Generally, each card gives two adults and two children free entry to participating venues, though specific venues may have varying offers. Sign up today by visiting... or contact FIS on: Follow us online to keep up to speed with family focused news and events in York.

7 Yorkshire and the Humber for three years. After this you will need to re-register for an updated card. myfis - Frequently Asked Questions What is York Family Information Service? York Family Information Service is a free and impartial information service for mums, dads and carers of children and young people aged 0-19 (or up to 25 for disabled children). The Family Information Service can help with anything and everything around family life. What is myfis? Parents of disabled children and those with additional needs have told us that they do not get enough information about opportunities for their children. myfis allows families to register with Family Information Service to send you a newsletter three times a year to help meet this need. How does it benefit families? In addition to receiving enhanced information throughout the year you will also receive a max card. The max card enables 2 adults and 2 children to attend leisure and cultural venues free in Who is it for? Registration is open to disabled children and young people and those with additional needs who have in their opinion, or their parents opinion, a significant and long-term impairment (over a year). What will you use our details for? The information about your child s condition or special educational needs will be used anonymously to support planning. This means we will remove your name, your child s name and address from the information that we collate. If we don t know how many children have additional needs, we are not able to plan effective services.

8 Reform of provision for children and young people with Special Educational Needs. On September 3 rd this year the Department for Education released the draft provisions on SEN and Disability. This sets out draft legislation to put the government s new proposals into practice. The new provisions include duties to draw up Education, Health and Care Plans, which will replace Statements and to set out a local offer of services available to parents and young people. Joint commissioning will also be required now between local authorities (education) and clinical (health) commissioning groups. This will strengthen multi-agency planning. The changes to SEN and disability will be part of the new Children and Families Bill, which is expected to become law in September This is when the changes will be implemented by the local authority and health services. Most of the provisions in relation to the Education, Health and Care Plan (EHC) will remain the same as for statements. The threshold for an EHC plan is the same as for a statement. Health and social care needs must be explicitly recorded in the EHC plan. EHC plans extend all statutory rights currently in a statement into further education or training and up to the age of 25 yrs. The Section 139A (Learning Difficulty Assessment), carried out when a young person with a statement leaves school to enter college, will cease to apply. It will be replaced with a reassessment/annual Review of the EHC plan. Rights of appeal to Tribunal remain the same but are extended to further education. Schools must publish information on how they meet the needs of disabled children and children with SEN. Local authorities must prepare a personal budget in relation to an EHC plan, where a request has been made by the parent and the young person. In some circumstances, this may include the making of a Direct payment. There will also be a revised SEN Code of Practice. Some concerns have been raised about the fact that the provisions do not apply to disabled children or those with a health condition unless they require special educational provision. The Council for Disabled Children is committed to securing entitlement under this legislation for disabled children as well as those who need special educational provision.

9 Exclusion from maintained schools, Academies and pupil referral units in England. New legislation regarding exclusions, effective from September 2012, has been introduced by the Department of Education. Key points: Permanent exclusion should continue to be: only used as a last resort, in response to a serious breach, or persistent breaches, of the school s behaviour policy; and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupils or others in the school. The decision to exclude a pupil must be lawful, reasonable and fair. Schools should take reasonable steps to set and mark work for pupils during the first five school days of an exclusion and alternative provision must be arranged from the sixth day. Where parents (or excluded pupil if aged 18 or over) dispute the decision of a governing body not to reinstate a permanently excluded pupil, they can ask for this decision to be reviewed by an independent review panel.. Where there is an allegation of discrimination (under the Equality Act 2010) in relation to a fixed-period or permanent exclusion, parents can also make a claim to the First Tier Tribunal (for disability discrimination) or a County Court (for other forms of discrimination). An independent review panel does not have the power to direct a governing body to reinstate an excluded pupil. It can direct a governing body to reconsider its decision. Disruptive behaviour can be an indication of unmet needs. Whether or not a school recognises that a pupil has special educational needs (SEN), all parents (or pupils aged 18 or over), have the right to request the presence of an SEN expert at an independent review panel. The SEN expert s role is to provide impartial advice to the panel about how SEN could be relevant to the exclusion. Excluded pupils should be encouraged to participate in all stages of the exclusion process, taking into account their age and understanding.

10 Only the head teacher of a school can exclude a pupil and this must be on disciplinary grounds. Pupils whose behaviour at lunchtime is disruptive may be excluded from the school premises for the duration of the lunchtime period. In such cases the legal requirements in relation to exclusion, such as the head teacher s duty to notify parents, still apply. Lunchtime exclusions are counted as half a school day. Head teachers and governing bodies must take account of their statutory duties in relation to special educational needs (SEN) when administering the exclusion process. This includes having regard to the SEN Code of Practice. parents to remove their child from the school. There are certain groups of pupils with additional needs who are particularly vulnerable to the impacts of exclusion. This includes pupils with statements of SEN and looked after children. Head teachers should, as far as possible, avoid excluding permanently any pupil with a statement of SEN or a looked after child. (All key points are taken from the Exclusion from maintained schools, Academies and pupil referral units DfE September 2012). Informal or unofficial exclusions, such as sending pupils home to cool off are unlawful, regardless of whether they occur with the agreement of parents or carers. Any exclusion of a pupil, even for short periods of time, must be formally recorded. A pupil can transfer to another school as part of a managed move where this occurs with the consent of the parties involved, including the parents. However, the threat of exclusion must never be used to influence Newsletter compiled by: Gill Milner and Gillian Bucklow