Transition to the new 0 to 25 special educational needs and disability system

Moving from statements of SEN and Learning Difficulty Assessments to Education, Health and Care Plans -

Introduction

North Lincolnshire has received guidance on transitional arrangements from the Department for Education (DfE), which sets out how the legislation relating to children and young people with special educational needs (SEN) will operate between 1st September 2014 and 31st March 2018.

The guidance requires us to consult with parents, young people and professionals to develop a local plan setting out the order in which children and young people with statements and LDAs will transfer to the new system.

In July 2014 we invited all parents of pupils with a statement of SEN to attend 3 consultation events to discuss a transition plan. In addition, on 7th July 2014 over 300 parents and professionals attended an event at the Baths Hall, Scunthorpewhere we shared a draft transition plan. The draft plan was then circulated to all schools.Parents and professionals agreed weshould aim to prioritise children and young people for transfer to EHC plans prior to key transition points – such as entry to primary school, primary to secondary school, and secondary school to further education - and at year 9.

A summary chart of our plan is set out on page3.

Academic school year 2014 – 2015 (1st year of transition)

For pupils, in the following year groups from 1st September 2014, all statements of SEN will be maintained in accordance with Part IV of the Education Act 1996 and statements will not be converted to the new SEN system:

Reception, Years 1 – 8, Year 10 and Year 12

The following year groups must be transferred to the new SEN system in 2014/15, subject to the transfer process (see page 3):

Year 9 (total 94 statements)

Year 11 (total 97 statements)

We propose to transfer a number of young people in further education or training who have had a Learning Difficulty Assessment to the new SEN system, subject to discussion with FE and training providers and young people and their parents. This work must be completed by September 2016.

Academic school year 2015 – 2016 (2nd year of transition)

For pupils in the following year groups from 1st September 2015, all statements of SEN will be maintained in accordance with Part IV of the Education Act 1996 and statements will not be converted to the new SEN system:

Years 1 – 5, Years 7 and 8

It is proposed the following year groups will be transferred to the new SEN system in 2015/16, subject to the transfer process (see page 3):

Year 6 (total 56 statements)

Year 9 (total 75 statements)

Year 11 (total 71 statements)

Any young person with a statement leaving custody .

Any transfers from Early Years setting to school; infant to junior school, primary to secondary school and transfers from mainstream to special or vice versa

We propose to transfer a number of young people in further education or training who have had a Learning Difficulty Assessment to the new SEN system, subject to discussion with FE and training providers and young people and their parents. This work must be completed by September 2016.

Academic school year 2016 – 2017 (3rd year of transition)

For pupils in the following year groups from 1st September 2016, all statements of SEN will be maintained in accordance with Part IV of the Education Act 1996 and statements will not be converted to the new SEN system:

Years 2, 5 and 8

It is proposed the following year groups will be transferred to the new SEN system in 2016/17, subject to the transfer process (see page 3):

Year 6 (total 49 statements)

Year 9 (total 61 statements)

Any young person with a statement leaving custody after 1st April 2015

Any transfers from Early Years setting to school; infant to junior school, primary to secondary school and transfers from mainstream to special or vice versa

It is also proposed that the following year groups will be transferred to the new system:

Year 3 (total 25 statements)

Year 4 (total 43 statements)

Transfer children with statements of SEN moving into North Lincolnshire to the new SEN system.

Academic school year 2017 – 2018 (4th year of transition)

It is proposed the following year groups will be transferred to the new SEN system in 2017/18, subject to the transfer process (see page 3):

Year 6 (total 44 statements)

Year 9 (total 68 statements)

Any young person with a statement leaving custody after 1st April 2015

Any transfers from Early Years setting to school; infant to junior school, primary to secondary and transfers from mainstream to special or vice versa

It is proposed that the following year groups also be transferred in this final year:

Year 3 (total 14 statements)

Transfer Process

The transfer process for children and young people with statements as detailed in the DfE Guidance on transitional arrangements, July 2014 requires that:

  • We, as the local authority must notify the child’s parent or the young person and the head teacher of the school attended by the child or young person at least two weeks before it starts when the ‘transfer review’ will commence. The notification should also set out the parent’s/young person’s rights of appeal. The local authority can require the head teacher or principal of the school to arrange and hold that meeting.
  • The meeting should be used to consult or engage the child’s parents or the young person as part of the ‘transfer review’.
  • We, as the local authority must not seek any advice required for an EHC needs assessment if such advice has previously been provided for any purpose and the person providing that advice, the local authority and the child’s parents or the young person are satisfied that it is sufficient for the purposes of an EHC needs assessment.
  • We, as the local authoritymust finalise an EHC plan, where one is needed, within 14 weeks of the notification to the parent or young person that they are carrying out a ‘transfer review’

To conclude a ‘transfer review’, we, as the local authority must:

  • Send a copy of the finalised EHC plan to the parent of the child or the young person and the governing body, proprietor or principal of any school or other institution named in the plan and the responsible commissioning body for health care provision or
  • Notify the child’s parents or young person of its decision that it is not necessary for special educational provision to be made for a child or young person in accordance with an EHC plan and that it is proposing to cease to maintain the child or young person’s statement of SEN
  • As part of the EHC needs assessment, the local authority will offer the parent of the child,or the young person, to attend a meeting with a relevant officer of the authority to discuss the draft educational, health care and social care plan.

From the point that the ‘transfer review’ commences,:

  • Parents and young people will have appeal rights under the new system and appeal rights relating to statements of SEN under the Education Act 1996 will no longer be available to parents.

Transfer of Learning Difficulty Assessments

The transfer process for young people who receive support as a result of a Learning Difficulty Assessment (LDA) requires the young person in further education or training who will be remaining in education to request an assessment which wemust consider and if agreed, carry out the assessment.

Transition timeline

Current
Cohort
2013-14 / 1st Year
2014-15 / 2nd Year
2015-16 / 3rd Year
2016-17 / 4th Year
2017-18
-2 (N1) / -1 (N2) / 0 / 1 / 2
-1 (N2) / 0 / 1 / 2 / 3
0 / 1 / 2 / 3 / 4
1 / 2 / 3 / 4 / 5
2 / 3 / 4 / 5 / 6
3 / 4 / 5 / 6 / 7
4 / 5 / 6 / 7 / 8
5 / 6 / 7 / 8 / 9
6 / 7 / 8 / 9 / 10
7 / 8 / 9 / 10 / 11
8 / 9 / 10 / 11
9 / 10 / 11
10 / 11

Key:

Yellow / Year Group highlighted must be completed in this year
Blue / Completion in this year is optional
Grey / Current Year Groups

SEND Team, Hewson House, Station Road, BriggDN20 8XJ

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