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.
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.
Image you will see on our ‘Guides’ page.
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.
Choosing a school – for those with EHCPs
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’
How to check your draft EHC Plan – guidance for parents
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
You can see that the EHC Plan is broken into 11 sections:
A – Aspirations
B – Special Education Needs
C – Health Care needs
D – Social care Needs
E – Outcomes
F – Special educational Provision
G – Health provision
H – Social Care provision (split into H1 & H2)
I – Placement (name of educational setting)*
J – Details of personal budget *
K – list of reports and evidence
* These will be blank in the draft copy you receive.
You will also notice that Section B is divided into 4 categories:
Communication & Interaction
Cognition & Learning
Physical and/or Sensory
Social, Emotional Mental Health
Sections E & F are also divided into these same categories, but you will see that E is closely followed by F within each.
To find out more information on the difference between needs, provision and outcomes and how they link together, click here.
Before you begin
There are a variety of ways you can note the amendments, and this will depend on what works best for you. You may want to create a table with the different sections where you can make comments ; add comments to the paper draft itself, create an electronic ‘working document‘ ; write or email your comments. At this stage, there is no right or wrong way, so long as the planning coordinator can understand what amendments / additions / deletions you are asking for.
Create an extra copy to write on (either electronic or paper copy) by either photocopying or printing.
Top tip: Make sure you keep the original (either an electronic or paper copy) safe and do not write on it.
Highlighters may be helpful to show different sections / amendments.
Use a pencil instead of a pen so that you can erase if necessary
Have spare paper to write notes on.
Checking the Draft
First
Have a quick read through the plan in its entirety to get used to how it is set out and what goes where.
Then go through it again (you may want to start taking notes as you go along at this point), this time asking yourself such questions as:
Does it give you a clear picture of your child or young person?
Does it show their strengths and their weaknesses?
Is there anything inaccurate?
Are there any gaps?
Next
Section A – is there anything incorrect or missing?
Section K – Are there any reports or documentation missing from section K that were submitted that haven’t been used to write the EHC Plan? If there are, make a note on this section.
Top Tip: you should have received all of those listed in section K along with the draft. If not, contact your planning coordinator to request copies.
Section B, C & D (Needs)
Important to note: For every need in section B, C & D, there should be a respective provision in section F, G & H. One of the easiest ways to keep track of this is to reference all the needs in each of the categories in B as well as in sections C & D.
It may be helpful to start at 1 and keep going through to the end of section D or perhaps label them C&I1,2, …, Com1,2…, SP1,2…, Sect C1,2 … and so on or do something entirely different.
At the same time, check that there are no inaccuracies or any needs missing. If there are, where possible find the original report that mentions the need and use the wording from there. Add a note of the report and page (& section) next to your notes so that the planning coordinator can find it to check later.
Sections F, G & H (Provision)
You will now need to make sure that for every reference point you made in section B etc, there is a provision to meet that need in section F. Where there is a related provision reference them the same ie SP1 in B will be SP1in F, 13 in B will be 13 in F etc. this should result in there being at least 2 of each reference (a need and at least 1 provision).
Where there is any provision missing, you can then make a note of this, and either write it in yourself (esp if it is in one of the reports) or if not sure what provision there should be you can just state that it is missing.
By the end, you may find that you have some provision that isn’t referenced. This is likely to be because there is no matching need so you may want to query that (or insert the missing need in Section B).
You can then move onto Sections G & H (or do these first if easier)
Additional notes about C, D, G & H. Check that there is nothing in here that should be in sections B & F instead. If a provision educates or trains then this should be in section F, which means that the need should be in section B.
Section E (Outcomes)
Take a look at the outcomes in each of the categories.
Check they are outcomes and not provision or need.
Are they SMART? (specific, measurable, achievable, realistic, time-bound).
Examples:
Peter wants to have friends = Aspiration
Peter has difficulty with his social skills = Need
Peter will participate in a daily 15-minute group (up to 3 students) session focusing on social skills and role-play activities, which will be led by the Speech and Language Therapist = Provision
By the end of the term Peter will have 2 friends, who he will socialise with at breaks and lunchtimes at least twice a week. = Short term outcome
Peter will be able to maintain and make appropriate friendships = long term outcome.
If they are not outcomes or not SMART, you can mention this in your referencing using their own lettering ie E3 ‘not smart’ / ‘not an outcome’ / ‘does not match any need’ / ‘has no provision to meet outcome’ etc.
Do the outcomes make sense when comparing to needs? i.e if an outcome is ‘to be able to follow 3 instructions together’, is there mention of having difficulty following instructions of more than 1 or 2 steps? If not, question why that is an outcome for your child or young person?
Lastly
When you are satisfied that you have covered everything you need to:
Keep a copy of the amendments you have asked for
Send the document(s) back to the planning coordinator either by email or through the post.
Ensure you include an explanation of any referencing etc that you have
To note: once you have received your draft the LA should not be proposing its own insertions and deletions other than in response to your proposed amendments.
What happens next
If you and the planning coordinator have been liaising about the changes you have asked for, you should have a clear idea about what has and what hasn’t been accepted by the time you receive the Final EHC Plan. However, if you are not happy with the contents within sections B-D and F-H of the final Plan, or with the placement in section I then you do have the right to appeal these at the First Tier Tribunal (SEND).
Please note:
You are not able to appeal the other sections (A,E,J,K).
You are not able to appeal anything in the health & social care sections (C,D,G & H) if you are not also appealing educational sections B&F
If you think you will struggle to do this on your own then please do contact us by email: send.ias@westsussex.gov.uk or call us on: 0330 222 8555 to discuss how we may be able to support you with this.
Nov Blog – When should I start thinking about an EHC Plan?
When should I start thinking about an EHC Plan?
Is your child struggling at school and you are wondering about asking for an EHC Plan (EHCP)? Perhaps you’ve heard people speaking about an EHC needs Assessment (EHCNA) and would like to know more? This month’s blog explains what these are and when you should consider requesting one.
Please note: quotes from the SEN Code of Practice 2015 or the Children and Families Act 2014 uplifted directly will be in blue.
What is an EHCNA and EHCP?
An EHCNA (Education, Health and Care Needs Assessment) is an assessment done by the Local Authority of the educational, health & social care needs of the child or young person (CYP). This is a legal process used to determine whether an EHCP is needed.
An EHCP (Education, Health and Care Plan) is a legal document that describes the aspirations, desired outcomes, the Special Educational Needs (as well as Health & Social Care needs) of the CYP and the support (Provision) required for them. It also names the education setting that the CYP will attend (and sets out any personal budgets that have been agreed).
The legal circumstance for considering an EHCP?
If a CYP has a learning difficulty or a disability which is holding them back at school or college, and the school or the parents of the CYP (or the young person themselves) believe that the school or college is not able to provide the help and support which is needed, then a request should be made to the Local Authority (LA) for an EHC needs assessment.
For the Local Authority to agree to undertake an EHCNA, 2 criteria must be met:
1) That the child has or may have SEN (Special Educational needs)and
2) That it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
The definition of Special Educational Needs (SEN) and Special Educational Provision (SEP) are set out in the Children & Families Act 2014:
20 When a child or young person has special educational needs
(1) A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.
(2) A child of compulsory school age or a young person has a learning difficulty or disability if he or she—
(a) has a significantly greater difficulty in learning than the majority of others of the same age, or
(b) has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.
21 Special educational provision, health care provision and social care provision
(1) “Special educational provision”, for a child aged two or more or a young person, means educational or training provision that is additional to, or different from, that made generally for others of the same age
(2) “Special educational provision”, for a child aged under two, means educational provision of any kind.
(5) Health care provision or social care provision which educates or trains a child or young person is to be treated as special educational provision (instead of health care provision or social care provision).
What should happen before making an EHCNA request?
When looking at SEND, the main thing that is considered is a child or young person’s desired outcomes. These outcomes should be based on their needs. The provision required will then be decided upon, in order to meet those needs. Whilst diagnosis can be important and the process of diagnosing should offer insight into a CYP’s needs; SEN Support or an EHCP will not be given based on diagnosis alone.
Every school is required to identify and address the SEN of the pupils that they support. Mainstream schools (including academies etc.) must:
use their best endeavours to make sure that a child with SEN gets the support they need – this means doing everything they can to meet children and young people’s SEN
ensure that children and young people with SEN engage in the activities of the school alongside pupils who do not have SEN (6.2)
(for more information on what ‘best endeavours’ means, follow link to IPSEA website)
Schools should make regular assessments of progress for all pupils and should be able to identify any pupils making less than expected progress given their age and individual circumstances. (This should include national data and expectations of progress to compare the results against). This can be characterized by progress which:
is significantly slower than that of their peers starting from the same baseline
fails to match or better the child’s previous rate of progress
fails to close the attainment gap between the child and their peers
widens the attainment gap
To note: It can include progress in areas, other than attainment – for instance where a pupil needs to make additional progress with wider development or social needs in order to make a successful transition to adult life.
Where a pupil is identified as having SEN, schools should take action to remove barriers to learning and put effective special educational provision in place. This SEN SUPPORT should take the form of a four-part cycle known as the graduated approach.
Note about school funding
Schools receive SEN funding in the form of notional SEN budget and it is expected that this should be used to make the special educational provision (support) (i.e. 1:1 support, small group work, specialist equipment, pay for needed therapies, consult with specialist services etc).
Note: Although the Government currently suggest that schools should provide up to the first £6,000 of this provision, there are many factors involved in this and not all schools will have the ability to spend this amount on your CYP’s needs (especially if they have a lot of children with complex needs etc). Whilst Local Authorities are allowed to develop criteria as guidelines, such as this, they must be prepared to depart from these criteria where there is a compelling reason to do so (SEND CoP 2015 9.16). Bottom line, a child should not miss out on needed support because the school does not have the resources and should not have an EHCNA request refused just because the school have not spent £6,000 on your CYP.
Reason for applying even if school are using best endeavours:
Lack of progress – If school have been giving support but expected progress in those areas of concern is not being made, then an EHC Needs Assessment request should be considered as more resources or more specialised resources may be needed to meet your CYP’s needs. School would be expected to make the request themselves but as parents, you also have the right to make this request directly (but please make sure the school are aware as they will still need to gather and upload evidence).
Moving to next level of education – A young person who was well supported … while at school may move to a further education (FE) college where the same range or level of support is not available. An EHC plan may then be needed to ensure that support is provided and co-ordinated effectively in the new environment (CoP 9.15). This could also apply to moving from primary to secondary.
If there is a concern then have a conversation with any colleges / secondary school you may be considering, to discuss how they may be able to support your CYP should they attend there. The college is then able to decide if an EHCP will be needed to make all the required provision. If they are stating that they would not be able to provide the right support without one, obtain that in writing as you will be able to use that as evidence when making your EHCNA request.
What if you feel that school are not using best endeavours?
If you feel that the school are not doing all they can and your child is still struggling, then further discussion with the school may be needed to explore this further. If all other avenues have been exhausted and you feel that their duty to make best endeavours to provide support is not being fulfilled, then you may consider making a complaint to the school (please follow your school’s complaint policy).
The LA would expect schools to fulfil their duties first before agreeing to do an EHCNA and therefore would likely refuse any request in these circumstances (although of course you would have a right to appeal to the SENDIST tribunal against a refusal).
If you still feel that an EHCNA is needed
In the meantime, keep any records of ILPS or equivalent (Individual learning plans), yearly reports or communications that demonstrate any barriers to his/her learning, what the school have done about these and whether the provision has worked / not worked (and the reasons why). These can then be used to evidence that support over and above what the school would be expected to provide is needed.
Coming up next – How to make a request for an Education, Health & Care Needs Assessment (EHCNA). Please sign up to our blog to receive automatically.
