We are very happy to share that we have just published some new guides to our resources pages.

One is about how to choose a placement when your child or young person has an EHCP. This can be found on the Education, Health & Care Plans page.

The rest of our newly published guides are around Appeals, Mediation, Disagreement Resolution and complaints.

This is the page you will see when you click on the link above. We haven’t managed to complete all of them yet but do keep checking back as we are aiming to do these as quickly as we can. In the meantime do continue to contact us if you cannot find what you are looking for in our resources.

General Differences

Appeals for EHCNA and EHCPs

Other Appeals – to come soon

Other

If your young person has taken GCSEs this year you will be aware that results are available tomorrow (25^th August). They may already have a plan and know what is happening come Sept, but for some, their results may not be as expected. This blog explores the different options available.

Does a young person have to stay at school?

A young person can legally leave school at the end of the school year in which they turn 16 (normally the end of year 11). However, all young people must be in some kind of education, employment or training until the age of 18. This can be combined with paid or voluntary work.

Grades

Below is a list of the different grades your young person may receive.

Regardless of the grades they receive, there are several Post-16 options available. These options have been separated into 3 pathways :

1) Education:

There are 2 main options:

• Stay at school – If there is a 6^th form. This is if they offer a course or subject you want to do AND you have the qualifications to do it. The school will tell you if this is possible for you.
• Further Education (FE) College – You do NOT need to have GCSEs to go onto all FE courses. FE Colleges offer a broader range of subjects and at different levels. Click on the box below to find out more.

2) Work Based Training

Supported Internship

For those who have reached their limit of progression in college courses but require additional support to move into a work placement.  The college or provider oversees the placement and provides supplementary learning in college, usually for one day a week, to support the placement.  Students who take a Supported Internship must have and EHCP to be eligible.

Traineeship

For those young people who need work experience and some support preparing for a Level 2 apprenticeship, work or voluntary work.  

Vocational work skills and experience are supported by completing Functional Skills qualifications in maths and English outside the placement to achieve qualifications and develop employability.

Apprenticeship

Work based qualifications with a day release to a local College.  There is a wide range of vocational areas for Apprenticeships, and these are provided at Level 2 and Level 3, with some offering further progression to degree level and beyond. 

For Level 2 and 3 there are entry requirements.  Some employers will show flexibility about the entry criteria on an individual basis, and there can be flexibility regarding having or doing a Functional Skills qualification in maths or English instead of GCSEs if the YP has an EHCP.  The EHCP covers support for the college part but adjustments should be made by the employer for work based needs. 

There is a national website for apprenticeships  which cover the whole country and further information on the West Sussex apprenticeship website Apprenticeships – West Sussex County Council            

3) Work or Preparation for Work

There are a number of different routes and sources of support for finding both employment, supported employment and voluntary work.

Work Experience

Work Experience may be offered through school, or could be arranged informally outside school.

Link Courses are sometimes provided by schools in year 11. These are one day spent at college whilst still attending school to encourage interest in different courses and areas of work.

Voluntary Work

Voluntary work can be researched through websites, or local contacts and is often a useful start to investigating an interest, learning work skills and making a contribution. Volunteering website for young people:

vInspired
Do It
Skill Share West Sussex – Match your skills with volunteering

The Careers Team can provide information, advice, guidance and support if you live in West Sussex and are aged 16 to 25 and aren’t in education, employment or training. They can help you think about next steps, recognise your skills, strengths and ambitions, find out about opportunities, including education, apprenticeships, employment, traineeships, training and volunteering. Careers Team West Sussex County Council | West Sussex Local Offer (local-offer.org)

Princes Trust provides short courses for preparation for work.  These include work experience, functional skills, team building, a residential element and support for next steps.

The National Citizen Service is a national initiative for young people aimed at promoting social inclusion and fostering life skills in preparation for adult life. Young people can take part in social action projects and build skills for work and life.  There is a residential aspect to take part in a team project that will help the community.

Job Searches can be supported in Education and Training placements or through the ‘Your Space’ Website Work – West Sussex County Council.

Find It Out Centres in your local area can support with looking for vacancies, writing a CV and making applications for education, training and employment   FindItOut centres – West Sussex County Council.

Other Provision

• Jobcentre Plus – Ask for the Disability Adviser who has more specialist knowledge about those requiring additional support
• Supported Employment- for those funded by Health/Social Care; WorkAid; Southdown Housing Employment Support; Impact. Work Aid works with those with Autism and/or a Learning Disability, providing information, advice and support to job search, develop a CV and apply for jobs.
• Day services – provision for over 18s is funded by Adult social care (or it can be funded privately). There is a variety of provision with some related to work activity and skills and other activities related to social activities and skills. Local Authority & Voluntary Organisations provide these, for example
  • Growing Together or Outreach 3 way: Horticulture
  • Aldingbourne Country Centre (Aldingbourne Trust)
• Local Offer: local information for what is available in your area for young people with special needs or a disability https://westsussex.local-offer.org/

Those specifically with EHCPS

For those with EHC plans, post 16 options should be discussed as part of the annual review. Your child’s needs and wishes are important and the options should be chosen based on their aspirations and interests. 

Once your young person has chosen a suitable college, their school should work with the new setting to ensure a smooth transition into the next stage of their study.

For young people with more complex needs, a residential provision may be available. You will need to show the YP needs education provision for the whole of the day rather than just school hours.  

If you are unsure about what is going to happen, please contact your planning coordinator in SENAT and discuss the options with them.

A note about Post -16 Transport

Free help with transport for post 16 provision is not an automatic right for young people, even if they have had transport before. The aim is to gradually enable them to become more independent in their travelling.  If there is an EHC plan in place, transport to post 16 provision should be discussed as part of the annual review. Please contact your planning coordinator in SENAT for more information. You can find out more about whether transport will be provided from West Sussex’s transport Policy

What can you do to support your young person?

This can often be an overwhelming time for young people, especially if they did not do as well in their exams as they hoped. The following are some tips to help:

• Allow your young person to begin making or being involved in decisions.
• Start to help them think about their aspirations e.g. what they would like to do when they are older and what steps they will need to take to achieve this.
• Be prepared to not always agree with their decisions. Do explain the possible consequences of these decisions and support them where you feel able.
• Be prepared for them to make mistakes or errors.  That is ok and how they will learn best. Be there to support them if this happens.

Encourage your young person’s voice

• Discuss things with your young person and as a family
• Choices involved with personal safety often worries parents – but many young people can be supported to gradually understand and improve their decision making
• Practice making positive choices and ”safe” risk taking (which means talking about the likely outcomes of a decision and choosing things that do not have harmful consequences for them and support their understanding and decision making). This develops skills they will need as they develop and mature into young adults and beyond

Encourage good decision making

• Increase opportunities for your young person to make choices
• Support your child to try new things
• Increase independence whenever possible
• Be a positive role model
• Encouragement
• Increase interaction & communication

Support with exam results

West Sussex County Council (WSCC) have careers advisors who can provide free, one-to-one advice following results. Chat with them by calling 0330 222 2700 or email careersadvice@westsussex.gov.uk.

YOUR MIND MATTERS – for students who feel stressed or anxious after opening their grades and need advice and support

Further Information

CONTACT: https://contact.org.uk/help-for-families/information-advice-services/education-learning/education-beyond-16/#moving-area

We are excited to announce that we have added some new guide pages to our website.

These guides build on our existing leaflets to provide more in depth information and advice on various SEN & EHC Plan related topics as well as new ones that we have not previously covered.

When you call or email our service looking for information and advice, we work hard to provide this as quickly as possible. However, we are aware that it can sometimes take a few days before we are able to contact you and we know that this can be frustrating, especially if you are just wanting to know something quickly (for example, what your options are, check information you are being given is correct or how to go about doing something specific).

These pages have been created with this in mind – to empower you by giving access to information and advice without having to wait for an adviser to contact you. Of course, if you feel that these are not for you or you need some specific advice about your situation that these pages do not cover, then you can continue to contact us directly.

You can access the pages via ‘Guides’ (under our ‘Resources’ tab).

As always, the information we provide is based on the what the Law and Statutory Guidance says, but in addition, (depending on the subject), we will also provide some local information and practical tips that we hope will be of help (such as how to write a parental EHC needs assessment request or appeal, how to check your draft EHC plan or how to share concerns about your child’s SEN with your school).

New pages will continue to be added and existing ones will be updated as time allows so please let us know if we haven’t covered anything that you think would be helpful.

Please note: As we want to create a website that is accessible and as helpful as possible, we welcome any comments or feedback from you that will help us achieve this. If there are any areas of the website that you feel we can improve on, please do let us know by either commenting on the page, or contacting us directly.

Thank you from the SENDIASS team here in West Sussex.

If you are a parent of a child in education, then you don’t need anyone stating how difficult this past year has been. After nearly a year of lockdowns and changes in the way your child or young person (‘child’ for rest of the blog) is being taught, you will be more than aware of the impact on all involved.  You may have found a routine that works (even if not ideal), with good communication happening and although you may have concerns, school are aware of these and all are working together to address them.

But what if you have new or increasing concerns about your child’s learning? Should you be talking to school now or waiting for things to be more ‘normal’ (especially with ‘normal’ now seemingly within our grasp). Do school still have a duty to support your child’s SEN even if your child is not yet back at school? And what is the best way to share those concerns, knowing how topsy turvy things are?

Duties on Schools

We know that most schools are doing everything they can despite the immense challenges they face. The legal duty on schools and colleges to use their ‘best endeavours’ to meet the special educational needs of their pupils and students still continues. This applies whether they are attending school or college or are at home for any period and includes those with EHCPs or on SEN Support (Part 3, section 66 Children & Families Act 2014).

Vicky Ford, MP Parliamentary Under-Secretary of State for Children and Families stated in her letter dated 14^th January 2021 for those whose child is not able to attend school:

“all pupils and students not receiving face-to-face education for whatever reason should be provided with suitable remote education. Education settings should work collaboratively with families, putting in place reasonable adjustments as necessary, so that pupils with SEND can successfully access remote education alongside their peers.”

The bottom line therefore is that schools continue to be very much responsible for offering SEN support to those that need it (even if it looks different to usual) whether your child attends school physically or receives remote education at home.

Here then are some Top Tips on what to consider if you want to share your concerns.

 Top tips                                

• Think about the reasons you are considering contacting the school now

Before contacting the school, think about whether you are just informing them or whether you are asking for something. Is there an urgency or escalation about your concerns or have the concerns been on-going and you just think they should know? Is the situation hitting crisis point or do you want the school to know ahead of time for when more ‘normality’ is in place?

• Establish who the best person to talk to is

Because of the changes that most schools have had to make during this pandemic, it is worth contacting your child’s teacher / form teacher or head of year to find out who best to share your concerns with. Although you used to speak with your child’s teacher or SENCO, this may have now changed. At the same time find out whether a phone call or email is best (if you are happy to do either). It may be beneficial to put everything into an email initially and then phone / face to face discussion can be held to discuss further.

• Let them know about any important developments in your child’s life.

These may include new medical diagnoses, results of health investigations, tests or assessments; changes in family life which may have an effect on your child’s behaviour or mood; new behaviours you have noticed at home and which you think may be important.  This will help the school consider what strategies or interventions may be needed. This would apply regardless of whether your child is still at home or attending school.

• Explain your concerns clearly and concisely

Sometimes we think people should understand what’s behind the words we speak or write i.e. the hidden desperations or worries, but this shouldn’t be presumed.

Whilst the teacher / Senco etc do not need a long history of what has been happening previously, it may be helpful to give a concise picture of before and now. For example:

“**** used to love learning and would talk for hours about what she had done at school, now all I get is one word responses and she tells me she hates school” Or

“As you know, *** had a lot of 1:1 and group support to help keep him on track. I have tried doing this myself but he is not responding well to me being there whilst he learns and he gets so distracted that he isn’t really learning”. 

• Explain what you have already done (and the effects of those things)

If you have tried some strategies already to help your child’s difficulties, explain what you have tried and what happened. Did they work or not? Did they work for some of it but not other parts? This can be helpful for several reasons.

1) The school can see the kind of things you have been doing and steer you onto the right track if they have other suggestions

2) They can keep a record of what you have tried to build a holistic picture which will help when reviewing your child’s needs etc.

3) It will prevent school suggesting things you have already done.

4) It may help make a smoother transition back to school (if your child is still being educated at home)

• State what you are wanting from the school clearly and concisely

Now that you have shared your concerns, is there anything you would like to see the school do about them?

Perhaps you are just happy to simply inform them. On the other hand, you may be looking for a positive outcome. 

Ask yourself what would it look like if the concern was addressed and no longer an issue? Using the situations above as examples: ‘**** would talk positively about school again’ or ‘**** is able to focus on a piece of work without being distracted’

If you have ideas about how things could be improved, it is important to share these.

Even if school cannot agree to them, it gives a platform for possible compromise or a diving board to perhaps other more suitable suggestions.

• Last but not least – Remember we are all in the same storm

Our experiences of the past year have been likened to us all being in the same storm, but not necessarily in the same boat. Whether you are a parent, child or teacher, lives have been challenged. Some will have embraced their particular challenges, but some will be holding on by their fingernails.

Never has there been a more important time for empathy (the ability to understand and share the feelings of another). It is important to share your concerns about your child, as the school still has a duty to support where this is needed. An empathetic, collaborative approach with those you share these concerns with, will be far more effective for all concerned as you work together.

By changing the ‘them and us’ barrier to a collective ‘we’, a partnership is formed, which can only have a beneficial result for your child, yourself and the teachers involved.

For more general tips about talking with professionals, including the use of Effective Communication please see our leaflet (found through the resources page of our website)

What next

If despite sharing your concerns with the school, you feel unhappy with the response then consider putting these in writing in the following way:

For those being educated by school at home

Write to the school stating that you believe the remote education currently being offered is insufficient to meet your child’sneeds:

• Give your reasons why you think the education / support is insufficient
• Detail the support you feel is needed, and why
• Outline any reasons you have been given already by the school/college as to why this is not being made. See also remote education guidance and OSFTED good practice]
• Acknowledge that the current situation means provision cannot always be made exactly as it was previously, but then explain how you believe the required support could be made instead.

For those at nursery/school/college

Write to the nursery / school / college stating that you believe they are not fulfilling their legal duty, because:

• Describe the support that the child or young person should be getting,
• Explain that this is not happening or give details about what is happening.
• Outline any reasons given by the nursery/school/college as to why this support is not being provided.]
• Acknowledge that the current situation means provision cannot always be made exactly as it was previously, but then explain how you believe the required support could be made instead.

Additional information:                                                                                                                                     

• Remote Education: https://www.gov.uk/guidance/supporting-your-childrens-education-during-coronavirus-covid-19 
• Information for parents and carers about attending schools, nurseries and colleges in the spring term 2021: https://www.gov.uk/government/publications/what-parents-and-carers-need-to-know-about-early-years-providers-schools-and-colleges-during-the-coronavirus-covid-19-outbreak
• Resources and advice for supporting with home learning on the West Sussex Local Offer: https://westsussex.local-offer.org/information_pages/608-resources-and-advice-for-supporting-home-learning

Happy New Year from the SENDIAS team!

Here we are in 2021 and I’m sure you will join us in hoping that this year will be better than the one just gone – for many reasons, and for many people. Last year seemed to be crammed full of information – about all different subjects, not least those relating to the impact of COVID-19, and our blogs were no exception. This year we thought we would write a series of simpler ‘TOP TIPS for…’ and ‘Guides to…’ blogs instead, which we hope you will find useful.

We have seen an increase recently in requests for help and support to make an EHCNA request, so we thought this might be a helpful one to start the series with. So without further ado:

Top Tips for ….

Making a parental request for an Education, Health & Care Needs Assessment (EHCNA)

Introduction

An Education Health & Care Needs Assessment (EHCNA) is the first part of the process to potentially obtaining an EHC Plan. Parents (or school) first have to request the Local Authority (LA) undertake an EHCNA. If this is agreed, the LA then use the evidence gathered during this process to determine whether provision should be made through an EHC Plan (or continued through SEN Support).

Before making your request:

Contents of your request

For an EHCNA to be agreed to, the law states there are 2 criteria that the LA should consider (section 36(8) of the Children and Families Act 2014) – whether the child or young person has or may have special educational needs (SEN); and whether they may need special educational provision to be made through an EHC plan. If the answer to both is ‘yes’ then the LA must carry out an EHC Needs Assessment.

• Break your request down into the 2 sections:

Part 1…. your child has or may have Special Educational Needs (SEN):

• Set out details of: the child’s special educational needs, who identified or diagnosed them and when (where known). This may be through school assessments and reports, paediatrician, early years, Portage, LBAT, Aspens etc.
• What are the difficulties your child has that make learning / learning in school hard for them? (behaviour, reading, paying attention, listening, following instruction etc).
• If your child has any needs that are not known, or have not been identified, set out details of what you think the special educational needs may be and the reasons for thinking this.

Part 2 – they may need special educational provision to be made through an EHC plan:

• What has been tried at school to support your child or young person?
• What has worked / what has not worked?
• How do you think an EHCP will help your child?

• Gather as much concise evidence as you have, to support what is being stated in the request:

• School reports, (including ILP / IEPs), costed provision maps
• Early Learning Goals,
• Phonics Testing and school assessment results,
• Specialist recommendations and any other professional reporting evidence.  
• Also –medical reports or referrals, any GP communication, and relevant emails that illustrate what you as a parent are stating in the request.

• Where possible, evidence should be quoted from at the relevant points in the request, and all evidence should be listed in- and submitted with- the request. To note: If quotes or reports are used, try and include the name and date of the report plus page number next to the statement i.e. : “*** is unable to sit still for more than two minutes (see EP report p.9)”.
• Remember, the people on the decision panel who look at the request, do not know your child, nor the circumstances and therefore can only make judgements on what information and evidence is presented to them.

Once you have gathered all the information:

• You can apply online, by letter or by phone
• Keep a copy of the letter (or the information you used if you made the request online).
• Keep a note of the contact name and phone number from the acknowledgement you receive from SENAT (Special Educational Needs Assessment Team) as it is likely you will need to make contact with them.

Contacting SENDIAS

As with all the resources we produce, our aim is to provide you with information and advice to help you navigate the different processes you may be considering or currently experiencing. However, we are aware that this process can seem rather daunting at times, so if you feel you need more support, please contact us and we will get someone to help you as soon as possible. Please bear in mind that this might take a few days. The person who calls may be one of our SENDIAS Advisors or one of our SENDIAS volunteers. Telephone our helpline 0330 222 8555 (please leave us a message if it goes to voicemail) or email send.ias@westsussex.co.uk.

When you contact us please include some details:

• Your name:
• Your telephone number:
• Your child’s name:
• Your child’s date of birth:
• Where do you live (nearest town / village):
• Brief message about what help you are looking for

Further Information:

We have recently produced some more detailed guides to help you make a parental request:

We have also recorded a webinar on the EHCNA process which you may find helpful.

If you have a child in year 5, with an Education Health & Care Plan (EHCP), you will have recently received a letter from SENAT (Special Educational Needs Assessment Team) asking you to let them know your school preference for year 7. Or perhaps you are expecting or have just received your draft EHC Plan and have been asked to state your preference for a school on the form.

Once a child has an EHC Plan (or it has been agreed that one will be issued) the process for choosing a school changes and instead of going through the admissions department, decisions are made between yourselves and the Local Authority (SENAT are the representatives for the LA where an EHCP is involved).

The decision about which school to choose can often be a very difficult one, especially as there are wider considerations other than just your mainstream catchment school. This can be made even harder depending on the age of your child and their special educational need(s).

We hope the following information and advice will help make your decision process easier.

What type of setting can be accessed for those with an Education, Health & Care Plan (EHCP)?

Having an EHCP means your child or young person has a higher level of need in terms of Special educational provision than those without. Although the majority of children with EHCPs can be supported within a mainstream school (and parents have the right to request this), some may need more specialist provision (like a Special School). Special schools can only be accessed with an EHC Plan.

Education settings sit within 1 of 3 categories of control (ownership/ responsibility)

• those controlled by a local authority (“LA”) – referred to as maintained – shorthand for “maintained by a local authority”;
• those controlled by the Secretary of State – referred to generically as Academies;
• those which are neither of the above, which are usually controlled by private contracts between the parties.

Within these categories there are then different types of educational settings:

• Mainstream schools (maintained or Academies)
• Mainstream schools with Special Support Centres (SSCs) or units (maintained or Academies)
• Maintained Special schools / Academy Special Schools
• Non-maintained special schools – all charitable foundations and “not for profit”. (This type of school can take a mixture of children and young people with and without Plans but in practice almost 100% of their pupils are publicly funded through EHC plans)
• Section 41 Independent schools – These are independent special schools which have been approved by the Secretary of State under section 41 of the Children and Families Act (“CAFA”) 2014 as schools which a parent or young person can request to be named in an EHC plan. This means parents or young people have a right to request this type of school is named in an EHC plan in the same way they can request a maintained school
• Non section 41 independent schools – these are mostly controlled by charities (and therefore, “not for profit”) but there are some private “for-profit” owners. Due to their independence their SEN provision will be very different school to school. They include prep schools, public schools, and private nurseries (early years provision). Some private schools are registered as “specially organised to make provision with pupils for SEN”. However, for legal purposes independent schools are neither special nor mainstream, but all simply “independent”
• Private post-16 institutions. These may also opt for section 41 status

To find out what specific type a setting is, you may find the following helpful:

Department for Education: The Department for Education website has a database which you can search by the name of the school, the location, or the local authority. It lists information about the type of school and other basic details such as the age of pupils and the name of the head teacher.

Ofsted: Inspection reports, obtainable from the Ofsted website, also give a brief outline of the type and characteristics of educational institutions.

How do I choose a school when they are closed (either due to the coronavirus or because it is the summer holidays)?

Understandably, the coronavirus pandemic has made school visits very tricky for some schools to accommodate, even more so if you are particularly wanting to look around any of the special schools or independent schools. This can also be difficult to arrange if you receive your draft EHC Plan leading up to and during the summer holidays when all the schools are closed.

However, there are still a number of things you can do whilst you are waiting or not able to visit the school.

• Virtual tours – a growing number of settings have now created a ‘virtual tour’ which allows you to look round the school online. Whilst you don’t get to physically experience how it operates when it is working ‘normally’, you may get a sense of the classroom layouts, areas for therapies and SEND provision etc.
• Website – Sometimes by looking at a setting’s website you will be able to get a good sense of how inclusive it is, the type of support staff there are (ie teaching assistants, Specialist learning support assistance, counsellors, inclusion staff etc), how the different year groups are set out, as well as the different activities that the school engage with etc.
• SEN Information Report – schools should publish their SEN Information Report on their website. This report should set out how they as a setting have specifically supported those with SEN and whether anything has changed (or is likely to) within this provision.
• Speak to or email the Senco / Inclusion Manager – even though the setting may be closed, you may find that some staff are still accessible by phone or email. If so, a phone call could be arranged to discuss the contents of the EHC Plan, specifically your child’s needs and provision available. It may be worth asking them to do an informal ‘virtual tour’ round the school for you or even have a webchat via phone so you can have a chat whilst you see the school through their phone’s camera.

What questions can I ask when speaking with a school/setting?

SEND IAS services are not in a position to recommend educational settings for your child. That is a decision that rightly must be left to parent carers, as you know your child best. However, there are several questions you might want to ask when visiting or speaking with a school or setting in order to build up a picture of what support etc is available and help you compare one with another:

• Please can I have a copy of your school’s SEN Information report? – (this will explain how the individual school manages the provision for pupils with special educational needs (SEN))
• Are there any spaces in my child’s year group?
• What is the average class size in my child’s year?
• Do you have many pupils with special educational needs/EHC Plans?
• How do parents receive copies of the child’s inclusion plans and information on their child’s general progress? Is this done automatically?
• How regularly are children’s individual learning plans reviewed?  How would I be involved in the review of my child’s plan?
• How is support for children with special needs organised?
• How is the curriculum adapted to meet the needs of children with special educational needs?
• How does the school ensure children with special needs/disabilities are fully included in school life?
• What opportunities for parents to come into school to discuss their child’s progress?
• I have particular needs myself which are …… how will you be able to help me take part in my child’s education? (if applicable)
• Have you/your staff had experience of working with children with similar needs to my child?
• What is the structure and timetable for the school day?
• How do the school access support for/manage challenging behaviour? (If applicable)
• Are all areas of the school accessible to my child? Are adaptations required? (if applicable)
• What clubs or activities might the pupil get involved in (e.g. supported homework, after-school clubs, specific activity groups, etc.)
• How does the SENCO (Special Educational Needs Co-ordinator) communicate information about individual pupils to teachers?  (This is especially important at secondary school where a pupil might be taught by 13 – 14 different teachers in a week).
• Ask for a school prospectus/governors report.

Additional questions you could ask a special school:

• Does the school cater for Moderate Learning Difficulties (MLD) / Severe Learning Difficulties (SLD) or both?
• What special equipment / therapies are available for my child’s particular needs?
• How is each child’s support co-ordinated/arranged?
• What is the staff/pupil ratio in each class?
• Have any of your children returned to mainstream education?
• Have the Learning Support Assistants (LSA) had experience of working with children with similar needs to my child? If not would training be available to them so that they can support my child?

Things school might ask you:

• Child’s name, date of birth and address.
• The name of the school your child currently attends.
• Is your child on SEN support, going through an EHC Needs assessment or does he/she have an EHC Plan?
• Does your child currently have an Inclusion Plan?
• Is your child involved with any other agencies/therapies?
• What are your child’s needs?
• What are your (or your child’s) aspirations for the future?
• What sort of support is your child receiving at the moment?
• Why are you thinking of changing schools?

Questions you may want to ask yourself after the visit/conversation:

• What kind of a welcome did I/we receive at the school?
• Is the peer group appropriate for my/our child? This can be important in a Special School.
• Did the school seem confident that they could meet my/our child’s needs?
• Did the school answer our questions to my/our satisfaction?
• Did I/we have a general positive or negative “gut instinct” about the school?

It is important that when you discuss the contents of the EHC Plan, it is an accurate reflection of your child/ young person’s needs. Legally this should be reviewed at least annually, and a request made to the local authority if the EHC Plan needs amending or there needs to be a re-assessment of your child’s needs. You can find further information about this in our blog on Annual Reviews.

If you still have questions about any aspect of choosing a school, please contact us at the SENDIAS service by calling our main helpline: 0330 222 8555 or by emailing: send.ias@westsussex.gov.uk

Following on from this, look out for our future blog – ‘How my school preference should be considered by the Local Authority’

Introduction to Annual Reviews

All children and young people with an Education, Health and Care Plan must have an annual review and is a process that must happen by law.

According to the CoP 2015 EHC Plans must:

• be reviewed by the local authority as a minimum every 12 months.
• focus on the child or young person’s progress towards achieving the outcomes specified in the EHC plan.
• also consider whether these outcomes and supporting targets remain appropriate.

What is an Annual Review?

The Annual Review itself is a process, (not just a meeting) and this process is not completed until the following steps have all been done.

1. Information must be gathered from parents and young people and from professionals about the EHC plan and then circulated two weeks before the meeting.
2. An annual review meeting must take place to discuss the EHC plan.
3. After the meeting a report of what happened must be prepared and circulated to everyone who attended or submitted information to be discussed.
4. After the meeting the LA reviews the EHC Plan
5. The LA must then notify the parent of the child or young person of their decision within four weeks of the meeting.

There are only 3 decisions the LA can make:

1. To maintain the EHC plan in its current format (not make any changes);
2. To amend the EHC plan (including change of named school in Section I)
3. To cease the EHC plan if they think it is no longer necessary for it to be in place

Who organises it?

The local authority can require certain nurseries and schools * to convene and hold the meeting on the local authority’s behalf.

*maintained schools, maintained nursery schools, academy schools, alternative provision academies pupil referral units, non-maintained special schools, independent educational institutions approved under Section 41 of the Children and Families Act 2014

They should also provide a list to The CCG (or, where relevant, NHS England) and Local authority officers responsible for social care for children and young people with SEN or disabilities

When should an Annual Review take place?

The local authority should provide a list of those requiring an annual review that term to the education setting at least two weeks before the start of each term.

• The first review of the EHC plan must be held within 12 months of the EHC plan being finalised
• Further reviews must be held annually within 12 months of the previous review.
• For those under 5, reviews should take place every 6 months

A note about Early / Emergency Reviews

Sometimes, it might be necessary to ask for an early review. This may be because:

•  the child or young person’s education, health or social care needs have changed and are no longer accurately described in the EHC plan; or
• the education, health or social care provision in the EHC plan is no longer meeting the child or young person’s needs.
• If the child or young person has been excluded from school or is considered to be a risk of exclusion, this would also be a good reason to ask for an early review

Before the Annual review meeting

At least 2 weeks before the meeting:

An invitation to attend the annual review meeting must be sent to: 

• Child’s Parent or young person
• Representative of school or other institution attended
• LA SEN officer
• Health Service representative 
• LA Social Care representative
• Other individuals relevant to the review should also be invited (e.g. youth offending teams, job coaches etc)

AND – The school (or the LA) must seek advice and information about the child or young person prior to the meeting from all parties invited, and then circulate to all those invited.

Any professionals involved with the child or young person must co-operate with local authorities during reviews.

• For looked after children the annual review should, where possible, coincide with the personal education plan (PEP) element of their Care Plan.
• When a young person is over 18, the local authority must look at whether the educational or training outcomes specified in the EHC plan have been achieved. 
• Local authorities must also review and maintain an EHC plan when a child or young person has been released from custody. The LA must involve the child’s parent or the young person in reviewing whether the EHC plan still reflects their needs accurately and should involve the youth offending team in agreeing appropriate support and opportunities.

A note about Parent’s, children and young people’s views

The review is not just about how school has gone in the past year – it is to consider the progress towards the outcomes in the EHCP and what changes might need to be made to the support that is provided to help them achieve those outcomes, or even whether changes are needed to the outcomes themselves.

The short-term targets should also be looked at and changed if appropriate and the child’s aspirations should be discussed in case these have changed during the year.

Support for children and young people to engage in the meeting can come from parents or teachers or other independent support or contacts.

A resource for young people from the Council for Disabled Children

Parental Views Form

During the meeting

• The meeting should be person centred, this means that the child or young person is central to the meeting.
• The meeting is not about them but for them and a time to talk about how they can be supported to reach their outcomes.
• The meeting should be held at a time and a place that is comfortable and suitable for their needs.
• They should feel part of what is going on and encouraged to contribute.**
• They can bring someone to support them if they wish to.

** It is a good idea to encourage children and young people to become involved in their review meetings as soon as they are able to – but certainly from about year 9 onwards if possible. They may only attend for a short time to start with, but this helps them become involved in the decisions that affect their lives.

Practical tips for the meeting

• Take someone with you if you need support.
• Take a list of questions with you.
• Write down any notes that you think are significant or actions that are agreed.
• Don’t be afraid to say what is on your mind.
• Ask for things to be repeated or rephrased if needed.
• You are the expert on your child!

See our previous blog for further meeting tips

Other things to note for special circumstances:

1. For those transferring from secondary school to a post-16 institution, the EHC plan must be reviewed and amended by 31 March in the year of transfer.
2. From Year 9 onwards, the local authority has a duty to ensure that the annual review meeting “consider[s] what provision is required to assist the child or young person in preparation for adulthood and independent living”. Discussions about their future should focus on what they want to achieve and the best way to support them to achieve. Planning must be centred around the individual and explore the child or young person’s aspirations and abilities, what they want to be able to do when they leave post-16 education or training and the support they need to achieve their ambition.
3. For all other phases of transfer, the deadline is 15 February in the year of transfer for the EHC Plan to be reviewed and amended.
4. For those transferring schools, after the review, the EHC plan should state that they will continue to attend their current setting until the end of the academic year (or another date if different), and then name the setting they will attend from the start of the next academic year.

After the meeting

The report must set out recommendations on any amendments required to the EHC plan, and should refer to any difference between the school or other institution’s recommendations and those of others attending the meeting

• The person leading the review must write a report.
• This is sent to all who were invited to the meeting within 2 weeks of the meeting taking place.
• The report must set out recommendations on any amendments required to the EHC plan, and should refer to any difference between the school or other institution’s recommendations and those of others attending the meeting
• The local authority must then Review the report whether it proposes to:

1. keep the EHC plan as it is (maintain)
2. Make changes to the plan (amend) or
3. Stop the plan (cease to maintain)

• The Local authority must notify the child’s parent or the young person and the school/college of their decision within 4 weeks of the meeting (and within 12 months of the date of issue of the EHC plan or previous review).

If the LA have not informed you of their decision within four weeks of the annual review meeting taking place, then you should contact your Planning Coordinator in writing. Remember to keep a copy of any letter or email you send.

Amending the EHC plan

If the plan needs to be amended, the local authority should start the process of amendment without delay.

If the LA proposes to amend the EHC Plan, you should receive a copy of the existing (non-amended) plan and an accompanying notice with details of the proposed amendments (including evidence to support these). You may request a meeting to discuss these proposals if you wish. CoP 9.194

You must be given at least 15 calendar days to comment and make representations on the proposed changes, including requesting a particular school or other institution be named in the EHC plan. CoP 9.195

Following representations from the child’s parent or the young person, if the local authority decides to continue to make amendments, it must issue the amended EHC plan as quickly as possible and within 8 weeks of the original amendment notice. If the local authority decides not to make the amendments, it must notify the child’s parent or the young person, explaining why, within the same time limit. CoP 9.196

Ceasing the EHC Plan

A local authority may cease to maintain an EHC plan only if it determines that it is no longer necessary for the plan to be maintained, or if it is no longer responsible for the child or young person.

Where a local authority is considering ceasing to maintain a child or young person’s EHC plan it must:

• inform the child’s parent or the young person that it is considering this
• consult the child’s parent or the young person
• consult the school or other institution that is named in the EHC plan

Where the child’s parent or the young person disagrees with the local authority’s decision to cease their EHC plan, they may appeal to the Tribunal. Local authorities must continue to maintain the EHC plan until the time has passed for bringing an appeal or, when an appeal has been registered, until it has been concluded.

What can I do if I disagree with the LA’s decision?

The letter you receive from the LA should state the reasons for any decisions and what you are able to do if you do not agree.

If you are not happy with the explanation or do not agree with their decision, we would recommend talking to your planning coordinator first.

If you still do not agree, you may also wish to consider mediation or appeal to the First-Tier Tribunal (SEND).

In terms of decisions made after a Review, parents and young people can appeal to the Tribunal about:

• the description of a child or young person’s SEN specified in an EHC plan, the special educational provision specified, the school or other institution or type of school or other institution (such as a mainstream school/college) specified in the plan or that no school or other institution is specified
• an amendment to these elements of the EHC plan
• a decision by a local authority not to amend an EHC plan following a review or re-assessment
• a decision by a local authority to cease to maintain an EHC plan

For more detailed information around the Annual Review process as well as associated paperwork please look on the Local offer.  

For leaflets about the Annual Review or Appeals as well as other leaflets please go to our Website.

If you would like to discuss anything related to an Annual Review, please contact us at SENDIAS by:

Telephone: 0330 222 8555 or email: send.ias@westsussex.gov.uk

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A joint ministerial letter from the Department of Health & Social Care and the Department of Education was issued on the 30^th April 2020, to all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them.

The letter sets out a temporary change to the law in 2, key ways:

You have been through the EHC needs Assessment and have just received your draft EHC Plan – now what?

Timescales

If the Local Authority agree that an EHC Plan is needed, they must send the draft EHC plan (including the appendices containing the advice and information gathered during the EHC needs assessment) to the child’s parent or to the young person and give at least 15 days for you to give views and make comments (‘representations’) on the content. During this period, the local authority must make its officers available for a meeting with the child’s parent or the young person on request if they wish to discuss the content of the draft EHC plan. (9.77 of the SEND CoP 2015).

During this time, you also have the opportunity to give your preference for school / college setting and request for personal budget if applicable. If SENAT do not hear from you within this time they will presume you are happy with it and will go ahead and issue the final.

Therefore, it is best to start looking at this straight away as you may need a few days on and off to check it fully. Although there is no right or wrong way to check your draft, the following steps may be helpful.

A bit about the draft EHC Plan itself

We are aware that there is a lot of information circulating at the moment so we want to keep this blog short but wanted to highlight a letter that was issued on 24^th March 2020 by Vicky Ford MP Parliamentary Under-Secretary of State for Children and Families as well as signpost you to the local information document recently issued by the Special Educational Needs Assessment Team (SENAT) here in West Sussex.