POLICY LANDSCAPE - Children and Families Act An overview of the main changes to Special Educational Needs provision Education, health, social care and the welfare system have undergone significant reforms in the past few years during the coalition Government’s administration. Although this is a time of great opportunity, these changes may cause stress and anxiety amongst families needing to navigate these new systems. This blog article will explore the changes in special education as outlined by the Children and Families Act. The Children and Families Act introduced new and improved existing legislation relating to a number of areas including adoption and children in care; aspects of the family justice system; children and young people with special educational needs; statutory rights to leave and pay for parents and adopters and the right to request flexible working. More specifically, the Children and Families Act represents the biggest changes to special educational needs in the past 30 years. It will make significant changes to the way that children and young people with special educational needs (SEN) and disabilities are supported. Different parts of the Act will come into effect at different times but it will be introduced from September 2014.
The new changes include: •
The Act seeks to encourage greater participation from the child/ young person and their family in the decision making and delivery process.
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The introduction of a single 0-25 system which encourages education, health and social care sectors to work more closely together for the benefit of the child/ young person. The single assessment process is new as it covers the child through the most important moments of transition not only the legal school ages. It means that many care and young adult services have been brought into the legislation. That is the real meaning of the single assessment process as it saves the ' sectioning’ of a person’s life as well as enabling people from different teams to work together.
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The introduction of an Education, Health and Care plan (EHC plan) to replace SEN statements and Learning Difficulty Assessments (LDAs).
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The introduction of a personal budget - local authorities have to prepare a personal budget in relation to an EHC plan and where a request has been made by parent or young person. This enables the parent and child to have more say in the provision of their education.
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An onus on local authorities to publish a Local Offer. This will outline all the provision and support available in their local area and beyond - including health, social care, training opportunities, travel arrangements to nursery/school/ college and preparation for adulthood.
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There is a new duty on local authorities to offer a carers’ assessment to any parent of a disabled child (under 18) who appears to have need for support or requests an assessment. This should make it easier for parents of disabled children to have an assessment which looks at the impact that caring has on them
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and their ability to work, pursue leisure activities and have a life beyond caring. For more information on this aspect visit here.
Available support for families •
There will be support in place to help parents/ carers navigate the new system- I.e. independent supporters (the Council for Disabled Children and Department for Education are currently tendering this process.)
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Similarly, there are pathfinders - local councils across the country, which are testing out elements of the SEN reforms beforehand. Champion pathfinders have been tasked with helping new local authorities make the transition.
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There are a number of charities offering training and resources on the SEN reforms and how it will impact families and various groups, which might be useful to attend - see below.
Concerns •
There are already early signs that the new changes are causing anxiety amongst parents whose child is awaiting an assessment for a SEN statement, and are fearful that their child may lose out when EHC plan comes into play.
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In recent policy development there seems to be an emphasis on helping those with the greatest need which implies those with less severe disabilities may not qualify for extra support or receive an EHC plan. These families will be signposted to the local offer to access support / resources but will not receive compulsory support from the local authority. This is a potentially vulnerable group.
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There are concerns re. the SEN code of practice and regulations, which will provide the finer detail of how the SEN reforms are to be implemented. A previous draft was not considered fit for purpose by many disability charities. A revised version of the code of practice and regulations is currently undergoing consultation.
What churches and charities can do: •
Are there people in your congregation or user groups who may be facing these changes? Are there people in your congregation who have the expertise and can perhaps offer advice or practical support? For example, are there any teachers/SENCOs in your congregation? Social workers? Healthcare professionals?
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Children/ youth workers could use the EHC plan to help make adequate provision for children/ young people with SEN within the church context i.e. to plan a session during Sunday school for example?
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There will be opportunities for churches/ faith communities/community organisations to offer services which can be publicised on the local offer.
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Useful resources: •
Children and Families Act- section 3 is of key importance.
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Contact a Family- they provide support for families who have children with special educational needs.
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IPSEA - is a national charity providing free legally based advice to families who have children with special educational needs. This takes a more legal/ technical look at the Children and Families Act. Also has useful glossary of terms re. specific aspects of the Children and Families Act.
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The Kairos Forum - provides specialist services including training and resources which will enable and empower people with learning and cognitive disabilities to experience dignity, respect, care, access and authentic participation within society.
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Council for Disabled Children - An umbrella body for the disabled children's sector in England.
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Special Needs Jungle This has good resources from a parent’s perspective . This includes opportunities and risks with the SEN reforms; information on local offers; explanation/ concerns re. the draft SEN code of practice; Can I still apply for an SEN statement?; A family’s experience re. being part of the pilot pathfinder scheme.
Kemi Bamgbose, Livability, May 2014 3