The Special Educational Needs system changed radically in September 2014. Six months later, how have things altered for families? Has the vision of the Department for Education been realised? This presentation takes a look at some of the changes and some of the problems that have occurred. This presentation from Special Needs Jungle is based on the Children & Families' Act, The SEND Code of Practice and includes informed opinion on the reforms.

2. A child has SEN where their learning difficulty or disability
calls for special educational provision, namely provision
different from or additional to that normally available to pupils
of the same age. [CoP 2014 6.15 p.83]
Definition of SEN & Disability
has not changed
What is SEND?

3. Parent groups had input into
the C&F Act & SEND
Code of Practice
Selected local authorities
trialled the reforms

4. SOME of the issues with the CFA & CoP
• DfE live in a world where “Make it So” makes it so. No one else lives there,
especially not local authorities
• Well intentioned, but rushed into law to serve a political agenda
• Changeover timetable is too optimistic
• 20 weeks is not long enough for a full EHC Assessment
• Vision of CFA doesn’t match government’s austerity agenda
• Rules for SEN Support leave too much to interpretation to an LA’s agenda
• No clear-cut criteria for an EHC Assessment
• Local Offers are incomplete, not there or just useless
• Staff have not been properly trained in new system yet – rules or culture change
• Our generation of kids seem to have been written off as guinea pigs – so it is up to
us to make sure they are not…

5. • Parents were mandated to be involved in SEN reform
• Code of Practice puts the parent- and the child or young person – at the
centre
• YOU are your child’s best advocate – every time you feel discouraged or
are made to feel like a pushy parent remember you’re not in it for you,
you’re doing it for your child.
What is a parent advocate?

6. Parents come in from the cold…
Or do they?
• Don’t wait for your school to decide to involve parents as team members – it may
never happen.
• ARM YOURSELF (with the Code of Practice)
• BE PROACTIVE – Why not ask the school to have a SEN parent-teacher
committee that includes the SEN Governor?
• Suggest to the SENCo that they hold SEN surgeries or coffee mornings to help
parents through the changes and so their voices can be heard
• Ask the SENCO or someone from your PCF or similar to give a
talk about the Local Offer or ask for information to be sent out
to parents
• GET INVOLVED. Join a PCF or advocacy group – or start your
own to support more vulnerable parents
• Parents help parents with information, knowledge, advocacy

7. Parents come in from the cold…
Special Needs Jungle is about SEN
parents helping SEN parents.
What we – and other support
organisations - have online should
be translated into real life groups and
SEND communities so
knowledgeable parents can help
more isolated ones - empowering
and advocating for each other,
sharing ideas & support resources
If we want to be inclusive we need to
include everyone

8. A directory of locally available services suitable for children and families who
live with special needs and disabilities.
Continually updated – informative – all SEN information contained within –
place for feedback
The Local Offer resource is for YOUR FAMILY.
Why not help make it better?
Send in your feedback, send in resources you know about, make it
what it needs to be - this is also co-production.
The community belongs to all of us!

9. Assess Do
Plan Review
• In its strengths are its weaknesses…. Flexible…too flexible!
• Leaves the nitty-gritty to the SENCo to devise as the DfE didn’t want to be “too
prescriptive”
• A clear process for identification and assessment, objective setting and reviewing
progress - drawn up by SENCo
• Should include professional assessments from the start & advice given should be
delivered as provision as quickly as possible
• Parents should be involved at all stages in drawing up support plan
• The class or subject teacher remains responsible with support from the SENCo.
• Focused on impact rather than input and categorising pupils
• Challenges schools to improve the quality of teaching and learning for all pupils
SEN SUPPORT

13. The Education, Health and Care Plan
Where, despite the school having taken relevant and purposeful action to
identify, assess and meet the SEN of the child or young person, the child or
young person has not made expected progress, the school or parents should
consider requesting an Education, Health and Care needs assessment
Legal test C&F Act Section 36 (8)
The local authority must secure an EHC needs
assessment for the child or young person if,
after having regard to any views expressed
and evidence submitted under subsection (7),
the authority is of the opinion that—
(a) the child or young person has or may
have special educational needs, and
(b) it may be necessary for special
educational provision to be made for the child
or young person in accordance with an EHC
plan.

14. Disability but no SEN?
• If a child has health and social
care needs but not education
issues, they will NOT qualify for
an EHCP.
• There is other legislation &
statutory guidance in the C&F
Act to cover these children:
• Supporting pupils at school
with Medical Conditions
• Equalities Act 2010
• It is non-statutory for
independent schools & health
service providers

17. Telling your story only once…
The Multi-Agency Meeting with the family gathers the information…
BUT… In Practice: Do NOT rely on a case officer to get the story straight or
your memory to recall everything.
DO YOUR HOMEWORK
Gather together:
• School reports
• School Assessments
• Medical reports
paediatricians/specialists/physiotherap
y
• Occupational Therapy reports
• Any educational psychology reports
• CAMHS input.
• Anything else relevant from the last 18
months or so

18. Telling your story only once…
• Write or record your child’s story.
• Pull out relevant supporting evidence.
• If you find this hard, make copies and cut
out paragraphs and make a trail
(referenced)
• Get help from a friend or advocate.
Independent Supporter ??
Once you have made your request you must
ensure you are offered an independent
supporter if you want/need one. Don’t wait to
be offered – ASK.
BUT – Once you have applied you only then have SIX WEEKS to get
evidence together so do what you can BEFORE you apply and start the
clock.

19. Six
Weeks
allowed

20. Six
Weeks
allowed

21. Six
Weeks
allowed

25. THE PLAN.. DOESN’T ALWAYS GO TO PLAN
PERSONAL INFORMATION:
• At the front is usually a one page profile
A: The views, interests and aspirations of the child and his or
her parents or the young person. (A rehash of the child’s
history)
NEEDS – ALL NEW ASSESSMENTS????
B: The child or young person’s special educational needs.
C: The child or young person’s health needs which are
related to their SEN.
D: The child or young person’s social care needs which are
related to their SEN or to a disability.
OUTCOMES
E: The outcomes sought for the child or the young person.
PROVISION
F: The special educational provision required by the child
or the young person.
G: Any health provision reasonably required by the
learning difficulties or disabilities which result in the child or
young person having SEN. Where an Individual Health
Care Plan is made for them, that plan should be included.
H1: Any social care provision which must be made for a
child or young person under 18 resulting from section 2 of
the Chronically Sick and Disabled Persons Act 1970.
H2: Any other social care provision reasonably required by
the learning difficulties or disabilities which result in the
child or young person having SEN.
DECISION TO ASSESS = + 6 WEEKS (MAX)
-------DRAFT PLAN PART 1------

26. PLACEMENT
I: The name and type of the school, maintained nursery school, post-16 institution
or other institution. Independent Special Schools can be Section 41 or not – which
means they have a duty to admit & parents have a “right to request” a placement as
if it’s a maintained school or academy
PERSONAL BUDGET
J: Details of any Personal Budget
(should be thinking about a personal budget all the way through – DO NOT let
anyone tell you at the start that your child won’t need one – you decide this once
you know needs and readily available provision. Transport can be part of a personal
budget)
(At the end go the APPENDICES. Ensure findings of your own independent
reports are included in the actual plan, not just stapled at the back … more of
this later)
-------DRAFT PLAN PART 1------
THE PLAN.. DOESN’T ALWAYS GO TO PLAN

27.  Any health provision in the EHCP will be arrange through “joint commissioning” i.e health and
local authority working together to provide a service.
 To coordinate the health aspect, each Health Authority (CCG) should appoint “Designated
Medical/Clinical Officer.
 Designated Medical Officer is: ideally a paediatrician or other clinician, to:
Social Care A Social Care Assessment is PART
of an EHC Assessment – it doesn’t matter if a child
is NOT already “known” to social care”
It is NOT the same as social services.
It can provide a budget for respite breaks, play
schemes, equipment needed
You don’t know if they have needs until they’ve had
an assessment!
HEALTH & SOCIAL CARE PROVISION

28. • Deadline should be 20 weeks for a new
assessment
• 14 weeks for a transfer
• 20 weeks for a transfer from an LDA
If Problems arise:
• Ask for: Dispute Resolution if needed
• Ask for: A meeting with SEN Area Manager
if you can’t agree
• Don’t just accept that the LA knows the
new law OR that it is applying it correctly.
Problems?
Appeals: Must contact Mediation first but don’t need to take it up.
Code of Practice has an APPEALS timeline
Keep talking if possible.
Seek Legal Advice if needed (Advocates such as IPSEA)
Do NOT accept a flat NO! Insist on a full explanation and if unsatisfactory,
then appeal.

29. • Read the SEND Code of Practice (or the relevant
bits)
• Visit the IPSEA.org.uk site
• Keep up with Special Needs Jungle!!
• If in doubt – get advice:
• IPSEA
• Contact a Family’s Education Service
• SOS!SEN
• NAS Advocacy Advice line
Don’t be afraid to challenge, or ask for clarification.
An LA’s policy does NOT trump the LAW
If unsure of the legal position, seek help!
Take care of yourself too - BE KIND to yourself!