ISEND Reforms Events Q&As
October 2014
1.The £6,000 already in the school budget, is that per child per year?
•Every school receives an additional amount of money to help make special educational provision to meet children’s SEN. This is called the ‘notional SEN budget’. This is provided on a year on year basis on a formula which is agreed between schools and the local authority. Whilst most children with SEN need special educational provision that comes to less than £6000, it is expected that where a child with SEN needs £6,000 of ongoing educational provision then the school will provide this.
2.Is the £6,000 based on a child’s needs, and who decides on the need?
•Any additional funding which is provided from school resources to meet the needs of a child with SEN will be based on the cost of the additional resources which will need to be put in place to meet the outcomes on the child’s SEN support plan. Parents and carers should be involved in decisions around the support which needs to be put into place to meet their child’s SEN as schools must follow the SEN Code of Practice which advises them to involve parents in decisions about how their child’s needs are met.
3.Does the £6,000 include transport costs?
•No the £6,000 does not include transport costs to and from school. However, if a school has identified an outcome in a child’s SEN support plan which involves an activity/programme which can only take place off the school site the school could then use the £6,000 to make its own arrangements for transport?
4.Do special schools still have the £6,000?
•It is recognised that all children attending special schools have complex special educational needs and the provision in school to meet these needs is in excess of the £6,000 per child notional SEN budget which is provided to mainstream schools.
5.Is it school action and school action plus that will now be SEN support?
•Yes it is children and young people whose needs are currently at school action or school action plus who will now be designated SEN support. However, not all children who have previously been identified on the school’s special educational needs register will automatically transfer to SEN support. This will be in circumstances where children and young people are making good progress without the need for any additional resources.
6.Is an SEN support plan the same as an IEP?
•An SEN Support Plan can take a variety of forms depending on the practice in the school and the needs of the child. Hence it may be in the form of an IEP, Provision Map or a school based plan. However, all should identify the agreed outcomes for the child and progress towards meeting those outcomes
7.What are the two categories now, and does the school decide which category applies?
•Under the new SEND legislation, the needs of children and young people with SEN are met through SEN support (school based report) or statutory support through a Statement of Special Educational Need or an Education, Health and Care Plan.
8.Does the school do all the assessing?
•A school is responsible for identifying and making special educational provision for all children with SEN who do not have a Statement or EHC Plan. In assessing and making special educational provision a school must seek the advice and intervention from relevant external specialist where appropriate i.e therapy services, educational psychologists, specialist teachers, (ASD, dyslexia, sensory needs) CaMHS practitioners etc.
9.If schools are expected to pay for external assessments won’t they be reluctant to pay?
•Schools have always had to prioritise on the basis of need those children they have referred for external assessments. There has been no reduction to date in terms of demand from schools for external assessments since funding has been delegated to schools allowing them to negotiate and purchase their own arrangements.
10.What route does a parent take if a school doesn’t listen?
•Responsibility for identifying and making provision for children with SEN who do not have a Statement or EHC Plan ultimately lies with the Headteacher/Principal of the school and governing body. Where all other avenues have been exhausted, parents and carers should make representation through this route, using the school’s complaint procedures where necessary.
11.If you formally write to a school and don’t get a response what happens?
•Having checked that this is not just an administrative error, you may need to take up this issue through the school complaint’s policy.
12.If you’re in a special school is the funding already there?
•Special schools are funded at a higher level to reflect the greater level of need of the children on the school role. However, there may still be additional top up funding provided by the Local Authority to individual children within special schools with the most complex needs.
13.Is it the school who decides what level your child is at and if they move up or down?
•Yes it is the school who decides in partnership with you what level of support your child needs and this will be dependent upon their rate of progress.
14.The transfer review form has arrived, what happened now?
•As a family once you receive the notification of a transfer review, you will be contacted by school or your SEN caseworker to arrange a convenient date for the transfer review to take place. You will have the opportunity both prior to and at the review meeting to provide your views about your child’s education, health and care needs, and to identify those things that are working well and those that are working less well. You will also have the opportunity prior to the review to identify who you would like to be present at the review.
15.If you’re a pathfinder family and still waiting for something to happen what do you do?
•If you are a Pathfinder family and have not had any information or contact about your child’s plan, please contact your SEN caseworker or any member of the Assessment & Planning Team for an update.
16.If a child is in year 11 will it be a normal AR or a transfer review?
•If a child is in Year 11, it should be a transfer review rather than an Annual Review
17.If a child had an IEP and moved schools would they automatically have another one?
•If a child moved schools and had an IEP then normally the outcomes identified within the IEP would continue to be worked on within the new school if they remained relevant.
18.There are a lot of “shoulds” what does an SEN support plan “should” happen actually mean?
•Where it is decided to provide a pupil with SEN support, as a parent/carer you must be formally notified. The teacher and SENCo should agree in consultation with you the adjustments, interventions and support to be put into place, as well as the expected impact on progress, development or behaviour, along with a clear date for review.
19.Who will monitor the three times a year assessments?
•The school in consultation with you as a family will review and monitor the SEN support plan and as a parent/carer you should have clear information about the impact of the support and interventions provided, so that you can be involved in planning the next steps. There are external processes for monitoring the provision of SEN support within schools through external bodies such as Ofsted.
20.When is the end of the year for schools?
•The end of the year in schools usually refers to the end of the academic year which is the end of July.
21.What is a priority group?
•Children in priority groups are usually those children and young people who will be moving shortly into the next stage of their education.
22.If a child is currently in year 6 and hasn’t has a letter does that mean a normal AR?
•Yes, if your child is in year 6 and you have not received a letter, it is anticipated that your child will have an Annual Review rather than a Transfer Review.
23.If a child has not officially been diagnosed as Autistic, where does behaviour now sit?
•Person centred planning approaches are central to the new SEND legislation. Hence rather than focus on behaviour, schools are encouraged, in partnership with parents and carers to focus on the underlying causes of a child’s behaviour and to put in positive intervention strategies to support the child. Hence intervention should not be dependent upon confirmation of a diagnosis.
24.Do SALT and OT come under education?
•Generally speech and language therapy and occupational therapy when used within school to support a child’s access to the curriculum is identified as an educational resource.
25.Do you need to aware of which section therapy is being put in?
•Therapy listed under the Education section of a child or young person’s EHC Plan is funded by Education, therapy listed in the Health section is funded by health
26.What reasons are there for boarding?
•There are 3 key reasons for boarding:-
The needs of your child are highly complex and the school the Local authority has named as appropriate for your child is at a considerable distance from the family home, making a journey on a daily basis unreasonable.
Your child is already in receipt of an intensive package of social care support and the Local Authority has agreed in partnership with you that a boarding/residential placement would be appropriate.
There is an educational case for a 24 hour curriculum.
27.If two schools have the same provision and parents want a different one to the LA, what happens?
•In these circumstances the Local Authority would go with the parental preference unless there was a large differential in terms of funding.
28.Are things more flexible from now or when the plan is in place?
•The EHC Plan is designed to be a ‘living’ plan and hence more flexible than a Statement of Special Educational Need.
29.If a school can’t provide for a child what happens?
•A school has to provide evidence to the Local Authority of why they consider they are unable to meet a child’s needs and what additional resources they would need to put into place in order to support the child effectively.
30.If a child is in year 11 and child and parents agree, can they remain there until 19+?
•Continuing education beyond year 11 would depend on the nature of the educational setting and the identified needs of the child. However, there would need to be a clear rationale provided as to why continuing education at the same school cannot be provided given that this is the expressed preference of both the child and the family.
31.Is it only the school that can apply for an assessment?
•No a parent or (with parental permission) another practitioner who has knowledge of the child can apply for a statutory assessment. However, there would still need to be evidence from the school about how they are using their existing resources to meet a child’s needs
32.Is it only those on a schools’ SEN register that can have an SEN support plan?
•Yes it is usually only those children who have been assessed and identified by schools as having special educational needs who have an SEN support plan.
33.As a parent, do you the right to ask what training an INA has had?
•Yes as a parent you do have the right to request this information from the Headteacher of the school.
34.What do you do if they’re not trained?
•You could raise the issue of access to training for the Individual needs assistant with the Headteacher of your child’s school.
35.If a child is in year 11 in an independent school and wants to stay on in the sixth form what happens?
•All requests for children in Year 11, who are currently attending an independent school and wish to progress onto the sixth form, would need to be considered by the local authority Joint Agency Placement Panel. The local authority would have regard for parental and child preference but would also consider whether local maintained or FE provision could meet a child’s needs.
36.If a child is in receipt of CHC, has a transfer review and no longer meets CHC criteria will LA pick up the package of care?
•The Local Authority will not necessarily assume responsibility for a package of care previously provided by health under continuing health care arrangements. In such circumstances an updated assessment of a child’s education, health and care needs would be used to identify the provision and package of care to be provided.
37.Is there support for school to train SENCo’s?
•Yes, there is a regular programme of induction and training for school SENCo’s provided by the Local Authority.
38.What is an independent supporter?
•The government has provided additional funding for the appointment of independent supporters to help parents and young people navigate through the new EHC planning process. Independent supporters are individuals that are recruited and deployed by the private, voluntary and community sector or via the Information, Advice and Support Service. They are there to work alongside parents by offering a range of time-limited support helping with completion of the parent or child views section of a child’s plan or liaising across different agencies etc.
39.Do young people with an LDA come into the priority group?
•Yes, All young people who receive support as a result of an LDA who need an EHC plan should have one by September 2016.
40.Can the transfer paperwork be emailed as a word document?
•Yes the transfer document can be emailed on request to parents and carers as a word document.
41.Is there a directive from the DfE regarding medical needs in school, or is it a local definition?
•Yes. Statutory guidance for supporting pupils at school with medical conditions was issued by the Department for Education on 1st September 2014.
42.If a statement has been recently changed following a tribunal will it go straight to an EHCP?
•No the statement will remain in place until a transfer review is arranged. The timing of this transfer review will be in line with those in the identified priority groups.
43.Does care include CaMHS?
•No CaMHS would be considered as health provision.
44.Better outcomes for employment…. What’s happening?
•The local Authority is working with FE colleges and training providers to improve training and work based opportunities for young people with SEND.
45.If you have already requested changes to a statement, will you have to again with an EHCP?
•If the changes requested have already been made to the Statement and remain relevant they will be included in the EHCP.
46.Will we still get a case worker?
•Yes, Families will still be allocated a case worker.
47.How will the 14 week process be finalised for transfer reviews.?
•The young person and or parents and carers will receive a draft copy of the proposed EHC Plan and will then have at least 15 days to give views and make representations on the content, During this period the local authority must make its officers available for a meeting with the child’s parent or young person on request if they wish to discuss the content of the draft EHC plan. The local authority must notify the child’s parent or the young person that during this period they can request that a particular school or educational establishment be named in the plan. Once any amendments have been made a final EHC plan will be issued.
48.What is CHC for?
•NHS continuing care is support provided for children and young people who need a tailored package of care because of their disability, an accident or illness. which cannot be met by all existing universal services or specialist services alone. The assessment will be co-ordinated by a Specialist Nurse Assessor who will visit you and your child and obtain reports from the multi-disciplinary team of Doctors and therapists who are involved in the care of your child.
49.SALT comes under education, but SALTS don’t go into colleges, so how could a personal budget address this?
•Colleges receive additional funding from the local authority to meet the needs of children and young people with SEND. Colleges use this funding where appropriate to make provision for speech and language therapy. The appropriateness of a personal budget for purchase of speech and language therapy provision within college would therefore be dependent upon the setting and the individual needs of the young person.
50.Does a small proportion of children will receive a personal budget mean locally or nationally.
•This was reference to the national picture at this stage.
51.If transport is already in a statement will it automatically be part of a new plan?
•Any local authority review and changes to transport arrangements are usually undertaken outside of any statutory or transfer review process.
52.If you have a child with a statement who gets transport, then doesn’t get a plan what happens about getting them to school?