# data[].attributes.body
https://www.specialneedsjungle.com/code-practice-look-like-schools/

# data[].attributes.headline
I havn't found the full text yet but there is some free pages on Amazon 

# data[].attributes.subject
I havn't found the full text yet but there is some free pages on Amazon 

# data[].attributes.attachment_link.keywords[]
children with disabilities - education - great britain

# data[].attributes.attachment_link.keywords[]
children with disabilities - legal status

# data[].attributes.attachment_link.keywords[]
special education - law and legislation - great britain

# data[].attributes.attachment_link.keywords[]
administrative law & regulatory practice

# data[].attributes.attachment_link.keywords[]
family & relationships / learning disabilities

# data[].attributes.attachment_link.keywords[]
law / administrative law & regulatory practice

# data[].attributes.attachment_link.description
Buy Special Needs and Legal Entitlement by Melinda Nettleton (ISBN: 9781849055956) from Amazon's Book Store. Free UK delivery on eligible orders.

# data[].attributes.body
3 presentations

# data[].attributes.attachment_link.title
Maintaining EHC Plans for 16-19 year olds

# data[].attributes.attachment_link.description
We are the national information service that provides busy school leaders with instant answers to their questions on all aspects of managing a school

# data[].attributes.attachment_link.provider_name
Safeguarding Children Training and Resources

# data[].attributes.attachment_link.readable_text
The Children and Families Act 2014 obtained royal assent and became law on 13 March 2014.

This summary outlines the key changes the Act makes to the safeguarding and child protection system and services for children and families.

Although incorporated into one Act some changes will come into force at different times.

This Act is mainly concerned with England, however, some measures are applicable to Scotland, Wales and Northern Ireland.

Adoption

* Promotes 'fostering for adoption' in which approved adopters are allowed to foster children during the wait for formal court approval.
* Adoption agencies will no longer have to search for a perfect or even a partial ethnic match between potential adopters and children. This is designed to reduce delays in finding adopters for vulnerable children.
* Gives potential adopters access to the adoption register so they can search the database themselves (subject to safeguarding checks).
* Introduces personal budgets for adoptive parents from April 2015, allowing them to choose the type of support and how it is provided.
* From April 2015 adoptive parents will receive the same rights to leave and pay as birth parents.

Childcare

* Child-minder agencies will be established and registered by September 2014. These will provide child-minders with training and business advice. Individual child-minders will not register with or be inspected by Ofsted.
* Permits the establishment community services, facilities and wraparound childcare by school governing bodies without consulting first.

Children and young people with special educational needs (SEN) and disabilities

* A new Education, Health and Care (EHC) Plan based on a single assessment process will replace special education statements. EHC plans will support children, young people and their families from birth to 25.
* The commissioning and planning of services for children, young people and families will be run jointly by health services and local authorities.
* Extends the rights to a personal budget for the support to children, young people and families
* Local services available to children and families must be made available in a clear, easy to read manner.
* Local authorities must involve families and children in discussions and decisions relating to their care and education; and provide impartial advice, support and mediation services.
These reforms will be phased in from September 2014. The government will publish transitional arrangements, setting out an implementation schedule which is likely to cover the next two years

Child welfare

* Formalises 'staying put' arrangements designed to enable children in care to remain with foster families until the age of 21. This is provided that both the young person and the foster family are happy to do so.
* Measures designed to improve the quality of care provided by children's homes whilst also improving security.
* Councils must inform young people and parent carers of the support they are entitled to.
* Free school lunches must be provided on request for all children in reception, year 1 and year 2 at state-funded schools from August 2014
* The education of all looked after children in each local authority, will be championed by virtual school heads.
* More support to be provided by schools to children with medical conditions.
* Starts the process of banning smoking in a car containing passengers under the age of 18 years.

Children and young people with special educational needs (SEN) and disabilities

* A new Education, Health and Care (EHC) Plan based on a single assessment process will replace special education statements. EHC plans will support children, young people and their families from birth to 25.
* The commissioning and planning of services for children, young people and families will be run jointly by health services and local authorities.
* Extends the rights to a personal budget for the support to children, young people and families
* Local services available to children and families must be made available in a clear, easy to read manner.
* Local authorities must involve families and children in discussions and decisions relating to their care and education; and provide impartial advice, support and mediation services.
These reforms will be phased in from September 2014. The government will publish transitional arrangements, setting out an implementation schedule which is likely to cover the next two years.

Family justice

* A 26 week deadline for the family court to rule on care proceedings established. This can be expanded by a maximum of eight weeks in exceptional cases.
* Expert evidence will only be considered in family proceedings if it will not have a negative impact on the child's welfare and resolves the case justly.
* Provided that it is safe and in the child's best interests, the courts are required to take the view that after separation, both parents should be involved in their children's lives.
* Replaces contact and residence orders with a single order called a child arrangements order.

Parents' rights

* From April 2015, mothers, fathers and adopters can opt to share parental leave around their child's birth or placement.
* From October 2015, fathers or a mother's partner can take unpaid leave to attend up to two antenatal appointments.

The role of the Children's Commissioner for England

The Children's Commissioner's role will be increased from simply representing 'the views and interests' of children to focusing on, and 'promoting and protecting' the rights of children.

Children and Families Act 2014. London: The Stationery Office.

For more resources like this join our Safeguarding Newsletter.

Your privacy is important to us and we will not sell or pass on your information for commercial or other uses.

# data[].attributes.attachment_link.title
Summary of the Children and Families Act 2014

# data[].attributes.attachment_link.description
Promotes 'fostering for adoption' in which approved adopters are allowed to foster children during the wait for formal court approval. * Adoption agencies will no longer have to search for a perfect or even a partial ethnic match between potential adopters and children. This is designed to reduce delays in finding adopters for vulnerable children.

# data[].attributes.attachment_link.title
Children and Families Act 2014 - Explanatory Notes

# data[].attributes.attachment_link.description
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

# data[].attributes.attachment_link.readable_text
Specialist SEN solicitor Douglas Silas answers key questions about the new SEN system
What has the SEN system been like until now?

Although the modern SEN system started in the early 1980s, the current framework emerged in the 1990s with the Education Act 1993/1996 and the issue of an SEN Code of Practice (as revised in 2001). The Code of Practice has now become the "bible" of SEN for anyone involved with children with SEN.

Why do we need a new SEN system?

In recent years, there have been many criticisms of the SEN system. Parliament's own Education and Skills Committee said in 2006 that the system was "not fit for purpose". Five separate inquiries conducted about SEN/disability issues between 2006 and 2010 made other criticisms. After a change of Government in 2010, a call for views led to an SEN Green Paper in 2011, promising "the biggest reforms to SEN in 30 years". A subsequent SEN Green Paper has become the Children and Families Act 2014 and a completely new SEN Code of Practice has now been issued, coming into law from 1 September 2014.

What were the main concerns about the previous SEN system?

Many people felt that getting children and young people with SEN the provision that they required had become a "fight" between parents and local authorities (LAs), with schools often caught in the middle. Getting a statement of SEN was often an adversarial process. Parents also perceived that LAs had a conflict of interest, as they both assessed need and made provision. There was criticism of the SEN system and particularly of statements in an Ofsted report in 2010 entitled A Statement Is Not Enough. Whilst the media sought to argue that it was about the over-identification of children with SEN, or poor quality teaching, the report also pointed out that there were low expectations of children with SEN and that the majority of these children needed more than a statement.

So what are the main changes?

Whilst previously there were two school-based stages in mainstream schools for the majority of children without a statement (known as School Action and School Action Plus), there is now only one, called SEN Support. Statements were only for children and young people between the ages of two and 19 years who were in school, and they were focused on education. However, statements are now being replaced by education, health and care plans (EHCPs) which run from birth to 25 years. Whilst the test for getting an assessment is still the same as before, instead of conducting one for a statement, or a learning difficulty assessment (LDA) if the young person had already left school, LAs will now assess children/young people for EHCPs.

What is the difference between a statement and an EHCP?

Although there was a standard format for statements prescribed by law, the Government has now left it to each LA to decide their own format for EHCPs (whilst maintaining control over its content). The fear is that this may lead to 152 different EHCPs and that, although they are called education, health and care plans, EHCPs are still only legally focused on education. EHCPs are not just meant to be statements by another name which now run from birth to 25.

So have statements now been replaced by EHCPs?

Yes and no! Although no new statements will be issued after 1 September 2014, there are so many already in place that it is not practically possible for everyone to change to the new system immediately. Instead, the plan is to "transition" those children/young people currently with a statement to an EHCP by April 2018 (and those with an LDA by September 2016). The current guidance states that, where possible, LAs should transfer children at points in their education at which a significant review of the statement would have taken place - for example, early years to primary, primary to secondary, secondary to post-16, mainstream to special school or vice-versa. LAs should publish a transition plan by 1 September 2014 setting out details of how and when statements/LDAs will be transferred to the new system.

Will everyone with a current statement get an EHCP and how will they transfer?

The legal test of when a child/young person requires an EHCP still remains the same as that for a statement. It is therefore expected that all children/young people with a statement will be transferred to an EHCP. The Government has stated that no child/young person should lose their statement and not have it replaced with an EHCP simply because the system is changing. To transfer to the new system, LAs must initiate a "transfer review" which includes an EHC needs assessment. There is no need for the LA to seek further assessment reports if there are existing ones. A transfer review should replace the annual review in the academic year that the child/young person transfers to the new SEN system.

Are there any concerns?

There is an understandable fear amongst many parents that the new system may be an excuse for LAs to reduce the number of children/young people who will get an EHCP. There are also fears that there may be less children now considered to have SEN. Following major financial cuts that LAs and others have experienced in recent years, many people also feel that now is an inappropriate time for such a big change. There is also concern that, although those working in education, such as schools and LAs, are familiar with the current system, those working in health and care, or in colleges and further education (who are now also covered by the new law) may not be ready.

Is it true that young people with SEN will now have greater rights themselves?

Yes, young people over 16 will now be able to request assessments and challenge decisions about themselves in their own right, provided they are deemed to have "mental capacity". This is positive, especially as EHCPs now continue to 25. However, it is of some concern that when young people turn 16, their parents (typically their main advocates) may be unable to directly advocate on their child's behalf.

Will parents still have a right to appeal if they disagree with the LA?

Parents still have the right to appeal to the Special Educational Needs and Disability (SEND) Tribunal against LA decisions. Young people over 16 now also have a right of appeal, in contrast to previous complicated legal proceedings if they wanted to challenge an LDA. Transitional arrangements state that when an LA is conducting an assessment for a statement/LDA before 1 September 2014, it can still treat it as an EHC assessment if everyone agrees. The transitional arrangements also state that existing appeals against decisions not to assess/reassess/make a statement can still be dealt with under the old system.

Further information

The advice provided here is of a general nature and Douglas Silas Solicitors cannot be held responsible for any loss caused by reliance placed upon it:
www.SpecialEducationalNeeds.co.uk

Douglas is the author of A Guide to the SEN Code of Practice, which is available for all e-book readers: www.AGuideToTheSENCodeOfPractice.co.uk

Unfortunately, Douglas cannot respond to questions sent to him directly but if you have a question you would like answered in a future issue of SEN Magazine, please email: This email address is being protected from spambots. You need JavaScript enabled to view it.

# data[].attributes.attachment_link.title
SEN legal Q&A: the new SEN system - SEN Magazine

# data[].attributes.attachment_link.description
Specialist SEN solicitor Douglas Silas answers key questions about the new SEN system Although the modern SEN system started in the early 1980s, the current framework emerged in the 1990s with the Education Act 1993/1996 and the issue of an SEN Code of Practice (as revised in 2001).

# data[].attributes.attachment_link.readable_text
Besides the presence of a frisky Gordon setter, the scene when I arrive for my appointment with Melinda Nettleton and John Friel exudes simplicity and order: a pristine meeting room at a London legal chambers, tea and biscuits served on spotless white china and conversation of lawyerly precision.

What I've come to discuss, by contrast, seems complex and chaotic. The revised English system for special educational needs (SEN) was introduced via the Children and Families Act of 2014, and local authorities have been rolling it out, in theory, since last September. Friel and Nettleton are lawyers and campaigners who have closely followed the whole story - voicing alarm when the legislation threatened to reduce parents' rights and pushing for amendments that, in a few cases, made it into the final act of parliament. Even so, they are less than pleased with the result.

Now, the couple - both have children who have been through the SEN system - have written a timely book, Special Needs and Legal Entitlement, subtitled The Essential Guide to Getting out of the Maze. Using an array of case studies and forensic legal analysis, they highlight the awkward relationship between parents, schools, local authorities, the NHS and central government, and how to navigate a system that draws all of these together (short answer: with difficulty). What they say about the system amounts to a story of ministers and civil servants going into a three-year frenzy to apparently no avail. "The original intention," says Friel, "was to simplify the system and put parents in control. But what you've actually got now is the complete reverse."

Between the mid-1990s and last year, the SEN system was built around legally enforceable statements of special educational needs - which, if parents took the right advice and fought hard, could contain precise provisions specifying what children were entitled to, enforceable via the independent special educational needs and disability (Send) tribunal. Many local authorities did their best to be obstructive, and the system's complexities often cut out all but the most tenacious (and, very often, wealthy) parents.

On the face of it, it seems some children whose needs were met by the old system have been cut out in a stroke

Tom Draper, headteacher

This fed a drive to reinvent SEN arrangements. New legislation was initially drawn up by Sarah Teather, the Liberal Democrat children's minister - but, in September 2012, she was replaced by Edward Timpson, a Conservative and the current incumbent. Despite this hiccup, everything moved at a breakneck pace. Tellingly, pilot schemes intended to test changes were still reporting as the legislation went through parliament. "The code of practice arrived at the end of July," says Friel. "The regulations came at the end of August, and everything was law by the beginning of September. 'Hurried' is an understatement; even 'rushed' wouldn't be a fair description. It was jetted in."

Statements are to be replaced with education, health and social care (EHC) plans although most hard-and-fast parental rights will still be confined to the first category of provision. "Health," reckons Friel, "remains a law unto itself." Less pronounced special needs that lie outside formally specified provisions are being moved out of School Action and School Action Plus programmes into a system called SEN Support. Schools, their special educational needs coordinators (Sencos) and parents do not seem to have much idea what this latter change will mean, but their nerves were jangled by an outburst of media noise around Teather's initial proposals, and claims that many as 450,000 children would be taken out of the SEN category.

Nettleton and Friel acknowledge some of the changes represent improvements: a modest extension of legally enforceable provisions into the area of social care, that local authorities are required to publish details of what they can provide in a "local offer", and that the new plans can run to the age of 25. But, in the main, they see glaring holes and potential dangers.

They are baffled and angered by the fact that the new plans have no force when it comes to special arrangements for university students - which can make the difference between those with special needs sticking with their studies, or dropping out. They think an emphasis on official mediation between parents and local authorities before disagreements reach the tribunal stage is Kafkaesque - should you not want mediation, you will need a certificate issued by the mediators. And they are concerned that the powers of the Send tribunal are in delegated legislation, meaning they can be changed on a whim by government officials, with no real scrutiny. "On the face of it, that's an academic lawyer's concern," says Nettleton. "Until it happens."

Their biggest concern, though, is about sheer complexity. The old statements were divided into six sections - only three of which were legally crucial - whereas the new plans have no fewer than 12, and formats vary wildly between local authorities. Moreover, within the question of what provision goes where, lurk trapdoors. If, for example, a finalised plan puts speech or occupational therapy in the "health" category, there is no right of redress via the Send tribunal. "The previous system was bad, but not this bad," says Nettleton.

Jane McConnell, the chief executive of the Independent Parental Special Education Advice (Ipsea), is aware of mounting dismay about the reforms, made worse by the fact that the requirements of new system are unclear. "There's absolute chaos out there at the moment," she says. "Most of it stems from misinformation going to local authorities, which is then being passed to schools, which is then being passed to parents and carers and young people."

McConnell says that, although SEN statements were meant to be converted into the new plans with fresh assessments that would extend into health and social care, councils are simply tipping one into the other, and leaving these two areas of provision largely untouched. Arbitrary figures, she says, are being used to cut children out of the system: "In Worcestershire, until we challenged it, they were saying to parents, 'If you don't need more than 20 hours a week of support, you won't be transferred on to an EHC plan'."

McConnell also reckons that the changes are being used as a pretext to reduce specific entitlements. "The new code of practice says quite clearly that you have to quantify hours. But some local authorities are saying, 'We don't have to do that any more'. We're picking that up a lot."

For schools, the biggest issue is a pressing need for clarity. Tony Draper is headteacher at Waterhall primary school in Bletchley, Buckinghamshire. At last count, 31% of his pupils had some kind of SEN help, and he is concerned that the criteria for the new EHC plans seem to differ from those for statements. His school's dealings with the local authority, he says, give him the sense that "thresholds are more complex: they're slightly higher. But we're getting more and more complex-needs children in mainstream schools because of a lack of space in specialist schools. They don't necessarily meet the thresholds for the new plans, whereas in the past, they would have met them for statements".

Draper also mentions pupils whose needs have so far been met by the old school action programme. "On the face of it, it seems they have been cut out in a stroke. Which would mean no extra support for those children."

Like Friel and Nettleton, Draper puts a lot of the current confusion down simply to haste. "A reform has been done, and it's been pushed through: 'There you go, local authorities. Sort it out'."

I sent a set of questions to the Department for Education about all these concerns, but received no response. Parents, by contrast, are vociferous about what is happening as the reforms are introduced - but, because they trying to push their way through the new system, most want to remain anonymous.

One father in the north-east of England tells me about his five-year-old twins, who have complex learning difficulties and physical disabilities. After four years of frustrating dealings with officialdom, his local authority suggested they should put together one of the new plans - and, though the education element is in place, he has been waiting five months for assessment, let alone provision, of health and social care. "Putting the three things together has made things worse," he says. "For parents of kids with complex needs, it's been catastrophic."

A woman in the home counties tells me about her teenage son, who is on the autistic spectrum, and his transition from a statement to an EHC plan, which was hampered by her local authority's inexplicable decision to combine sections and therefore blur what is legally enforceable and what isn't. She puts this down to incompetence, but is all too aware of its potentially disastrous consequences. "What worries me is that I've got a lawyer who costs me an awful lot of money, but other parents might not pick up some of that," she says.

And so we arrive, once again, at the problem of the old SEN system that seems to have become worse: "If people aren't experts, they've got no chance."

Special Needs and Legal Entitlement: The Essential Guide to Getting Out of the Maze is published by Jessica Kingsley

# data[].attributes.attachment_link.title
The new special educational needs maze, where parents go back to the start

# data[].attributes.attachment_link.description
Besides the presence of a frisky Gordon setter, the scene when I arrive for my appointment with Melinda Nettleton and John Friel exudes simplicity and order: a pristine meeting room at a London legal chambers, tea and biscuits served on spotless white china and conversation of lawyerly precision.

# data[].attributes.body
http://ptceu-primo.hosted.exlibrisgroup.com/primo_library/libweb/action/display.do?tabs=detailsTab&ct=display&fn=search&doc=TN_roar4327&indx=8&recIds=TN_roar4327&recIdxs=7&elementId=7&renderMode=poppedOut&displayMode=full&frbrVersion=5&frbg=&&dscnt=0&scp.scps=scope%3A%2844OBU_EQ%29%2Cscope%3A%2844OBU_CAPITA%29%2Cscope%3A%2844OBU_FTF_DS%29%2Cprimo_central_multiple_fe&mode=Basic&vid=44OBU_VU1&srt=rank&tab=default_tab&vl(freeText0)=SEND%20code%20of%20practice&dum=true&dstmp=1493229627516

# data[].attributes.attachment_link.title
Research in Teacher Training May 15 Hellawell

# data[].attributes.body
there is a few good pages on this site

# data[].attributes.attachment_link.readable_text
On the 1st September 2014 the Children and Families Act came into effect and with it a raft of reforms and new duties on local authorities for how services and support are delivered for disabled children and young people and those with Special Educational Needs (SEN).

As part of their transition and implementation arrangements, the Government awarded a series of contracts to provide information, advice and support to those effected by the reforms. To help you find what's available to you we've pulled together a menu of support listing all the services, training and advice that is funded this year.

The Department for Education has also commissioned a number of organisations to provide specialist support on areas including dyslexia, autism, sensory impairment, SPLD, and young offenders with SEN. You can find a full list of these providers and a break down of the support they're offering on our resources page here.

Menu of Support
Contact a Family
Parents can get information about the changes to SEND provision through the Contact a Family helpline and online resources. Their national helpline runs Monday to Friday between 9.30am-5.00pm on freephone number 0808 808 3555.
www.cafamily.org.uk National Network of Parent Carer Forums
The National Network of Parent Carer Forums (NNPCF) provide information and advice to parent carer's and support their active participation both locally and nationally. They also offer assistance to local authorities and health partners on any emerging issues or challenges that may require additional support.
www.nnpcf.org.uk Information, Advice and Support Services
Parent carers can access free and impartial support through their local Information, Advice and Support (IAS) service. To find out where you local IAS is located using the link below.

www.councilfordisabledchildren.org.uk/find-your-local-ias-service
Independent Support
To support children, young people and families through the transition from SEN Statements to the new Education Health and Care plans the Government launched Independent Support to provide additional help. To find your local Independent Support team visit the Independent Support website.
www.councilfordisabledchildren.org.uk/find-my-is-provider SENDirect
The SENDirect web portal has been designed to help children, young people and their parent carers find activities and support that suit their interests, preferences, lifestyle and budget.
www.sendirect.org.uk
For Children and Young People
Information, Advice and Support Services
Children and young people can access free and impartial support through their local Information, Advice and Support (IAS) service.
http://cyp.iassnetwork.org.uk/ Independent Support
To support children, young people and families through the transition from SEN Statements to the new Education Health and Care plans the Government launched Independent Support to provide additional help. To find your local Independent Support team visit the Independent Support website.
www.councilfordisabledchildren.org.uk/find-my-is-provider SENDirect
The SENDirect web portal has been designed to help children, young people and their parent carers find activities and support that suit their interests, preferences, lifestyle and budget.
www.sendirect.org.uk
For Education Professionals
SEND Gateway
The SEND Gateway is an online portal developed by Nasen, offering education professionals free, easy access to high quality information, resources and training for meeting the needs of children with special educational needs and disabilities (SEND).
www.sendgateway.org.uk Focus on SEND training
Focus on SEND training is a free course aiming to help teachers and educational practitioners working across the 0 - 25 years age range to develop high quality practice in order to better meet the needs of their learners with SEND. It is based on the evidence of what constitutes good continuing professional development (CPD) and so takes a practice- led, enquiry-based and collaborative approach.
oln.nasen.org.uk/ The Communication Trust
The Communication Trust support everyone who works with children and young people in England to support their speech, language and communication. They have developed a wealth of information, resouorces and useful tool kits to help professionals to communicate more effectively with children with SLCN.
www.thecommunicationtrust.org.uk/policy-and-practice/send-reforms/
For Health Professionals
Designated Medical/Clinical Officers
The health team at CDC host a series of regional workshops for Designated Medical/Clinical Officers

Key to the success of the SEND reforms is ensuring that practitioners across the sectors are working together to share information and collaborate effectively. To support that objective we are providing regions with a combination of network support and one-to-one advice.

Regional Joint Working Workshop: We are hosting one-day workshops in each region to bring together local authorities and health commissioners to look at context, process and best practice in joint commissioning. In particular we will look at how joint commissioning works alongside other national programmes such as IPC, Transforming Care and CAMHS.

Targeted Support: We are offering each region up to 10 days support to address any concerns or meet a particular need. The support could include regional-workshops, action planning, targeted resoruces or targeted intervention for problem-solving.

Accelerated Working Group on Health: If there is an appetite in your region for an Accelerated Working Group then we can help facilitate this with key partners within your area.

Thematic Training Days: We will also be hosting a number of training days on key themes such as key working, health, early years, Outcomes and working with children and young people.

For further information about how to access any of the support listed above please contact Anna Gardiner at agardiner@ncb.org.uk

For Social Workers
Council for the Disabled Children
We acts as a key point of contact for support, advice and development of practice around implementation of the reforms in social care including social care support days through the SEND Regional Networks. For support around implementation of policy or application to practice, contact aharvey@ncb.org.uk.

For Local Authorities
SEND Regional Network
There is a SEND Regional Network in each of the 9 English regions with a regional lead committed to coordinating local authorities activity around implementation of the SEND reforms. You can find your regional lead using the link below. The network also provides information packs and resources on some of the key reform themes including the Local Offer, Personal Budgets and Joint Comissioning.
www.sendpathfinder.co.uk Senior Management Leadership Programme
Part of the support offer to local authorities is a leadership programme for senior leaders which provides a combination of legal training, personal development and practical advice on delivery. The programme was successfully piloted in 2015 to 40 local authority representatives and will run again in 2016.

For more information visit www.ndti.org.uk/how-we-do-it/training/leadership-training/
Council for Disabled Children Online Modules
We have created a series of online modules that set out the new duties under the Children and Families Act and provide practical advice on how to deliver the reforms in practice.
www.councilfordisabledchildren.org.uk./our-services
For Practitioners and Service Providers
Council for Disabled Children
We provide an information service for practitioners and professionals working in the SEND sector as well as a member service for voluntary and community sector organisations.

# data[].attributes.attachment_link.description
On the 1st September 2014 the Children and Families Act came into effect and with it a raft of reforms and new duties on local authorities for how services and support are delivered for disabled children and young people and those with Special Educational Needs (SEN).

# data[].attributes.attachment_link.readable_text
Parents of children with special needs last year told a website survey that they were unhappy with September's changes to provision. But do their concerns indicate widespread problems, or has the coalition secured genuine longer-term improvements?

The coalition says that reforms to special educational needs and disability (SEND) provision brought in last September are the biggest shake-up to provision in 30 years. So it's normal to expect teething problems, says children's minister Edward Timpson.

At the time, Mr Timpson was responding to concerns raised by the Special Needs Jungle website - which canvassed views from parents and carers of young people with SEND on the impact of last September's changes. Sixty responses came in, all but one reporting negative experiences. But do these indicate widespread problems. Or do those working in the field believe the coalition has secured genuine longer-term improvements for pupils with SEND? The new code of practice, which came into force under the Children and Families Act, puts the emphasis on a "person-centered approach", with more input from pupils and families. Statements of SEN running up to the age of 18 are now being replaced by education, health and care plans (EHCs) up to the age of 25. Those newly assessed as meeting the criteria will get EHC plans and, starting last September, there is a three-year window for transferring from statements to EHC plans.

EHC plans are for children and young people who need annual support that costs more than £10,000. There is the option of personal budgets, and local authorities are obliged to publish a "local offer", a directory of all SEN provision for young people in the area.

Schools Week approached a number of individuals with an interest in the quality of SEND education and overall provision, and who generally welcome the principles underpinning the changes. At least one local authority (LA). Portsmouth (see box), believes they're precisely what's needed.

But there is also a view that it took too long for the government to get to point of launching the new code and a view that funding pressures will inevitably impact on provision. There are also fears that training of staff in schools and LAs is lagging behind, and that the new multi-agency approach - with education, health and social care working to meet a student's needs - is not working consistently well in all areas.

Complaints to Special Needs Jungle include reports of LAs not understanding what was expected of them, some staff not receiving any training, and a feeling that most SEND practitioners are being offered training in paperwork changes rather than in the cultural change fundamental to the "person-centered approach".

Special Needs Jungle founder Tania Tirraoro told Schools Week that while she feels the principle underlying the reforms is good, it would have been better to have delayed implementation until January this year to allow for training and new systems to be put into place.

"There is an enormous amount that isn't right about the reforms - yet. In trying not to be prescriptive, the government has left far too much to be interpreted by LAs in the way they want."

But her view is challenged by the experience of inclusion commissioning manager for Portsmouth City Council, Dr Julia Katherine (see box below). She strongly welcomes the changes and feels that the joining of services around the transition to adulthood has "allowed really positive things to happen".

Previously, pupils with high needs would have a statement of SEN. Those with an identified less severe SEN need could be on a "school action" list, and if their needs were greater but not deemed high enough for statementing, they could be identified as "school action plus".

Amy Cook is a senior researcher specialising in SEN at The Key for School Leaders, a national information service for schools. She says that under the new system there's an emphasis on a holistic package of support. All pupils with high needs will have an EHC plan by September 2017 and, crucially, that plan will support them until they're 25.

For children who need more support than a teacher can provide in a classroom, but don't warrant an EHC plan, there's a new single category called "SEN support".

"A child-centred approach is fantastic," Ms Cook says. "It puts the individual at the heart of the system - and the pupil's views and concerns count." There's more of a focus on the outcomes for each child. "Having expectations for each and every child is fundamental and the acknowledgement that each child will be supported into adulthood is crucial."

But she's found special schools sometimes face particular difficulties, given that every local authority is allowed to develop its own system of transferring pupils to EHC plans.

"Often pupils come from different LAs and that means as a school you could be dealing with three systems and their different documentation and transfer plans. Mainstream schools are currently wondering which pupils should get SEN support."

Mark Baker, president of the Association of Teachers and Lecturers, has had a 30-year career in special educational needs. While he calls the principles of the new code "laudable", he says that "it's almost downhill from there".

He worries about "massive pressures on funding and on schools to achieve quite a narrow set of criteria". This, he believes, is "tending to divert resources to those (criteria) instead of to SEND provision".

He also believes that SEND expertise is becoming more stretched: "The abilities, skills and training of staff to identify issues has become more and more diluted in schools and particularly in LAs. Who is there in LAs to decide on what is a good and appropriate level of care?"

The onus is now on parents, he argues, to create their own case for provision - while the agencies they are relying on may not be able to offer the right help.

"Potentially here we have parents doing their own research and for some, it will disadvantage them enormously if they can't find their way round a system."

One special school head is highly critical of what he calls the slow implementation of the code and of EHC plans.

Jarlath O'Brien, head of Carwarden House Community School in Camberley, Surrey, says the aims of the code began life in March 2011 in the support and aspiration green paper. "But statements are only now starting to be converted to EHC plans and it took almost the life of the Parliament to become law."

He's also found that despite the emphasis on holistic reviews, the transition reviews from statements to EHC plans that he's been involved with have not had input from health or social care professionals. He does not see "any pressures or incentives for those organisations to become any more involved than they were before".

Mr O'Brien is passionate about the difficulties he sees with the current Ofsted inspection framework - "which does not encourage mainstream schools to be inclusive" - and he's angry about the harm he believes is caused to children with SEND by political messages such as education secretary Nicky Morgan saying that all children should learn their 12 times tables at primary school or have their school's leadership face the sack.

"Their approach is almost to treat SEND children as collateral damage, and the contradictions that have gone through the life of this Parliament have made the lives of these children harder."

A DfE spokesperson said: "These reforms are one of the most radical overhauls of special needs provision in a generation - and it takes time to fully implement them.

"For too long, families have found themselves battling against a complex and fragmented system. Our reforms ensure support fits in with their needs and not the other way round. They will result in a simpler system that focuses on children and young people achieving their best.

"After six months, families from across the country are already telling us they are beginning to notice a positive difference and like the positive new ways of presenting information about their child's needs and provision.

"Councils have been given over £177 million over three years to help them deliver the reforms - including over £30 million in 2015-16. In addition, our team of special needs advisers are offering support to councils across the country and we have given Nasen money to produce a website for teaching staff and special needs coordinators."
A practitioner's view: 'It's a lot better than we had before'
Dr Julia Katherine is extremely upbeat about the likely impact of the reforms. The inclusion commissioning manager for Portsmouth City Council calls them a "huge opportunity to do business differently and in partnership with families". while admitting that it's "early days".

She says September's code of practice draws in agencies that "typically had not worked together before, and I believe it can make a difference". Before moving to Portsmouth in 2013, Dr Katherine had worked for one of the 21 SEND reform "pathfinder" local authorities, where she led on the issue. That background gave her "a clear view on what works".

Her assessment is that the changes will take a while to embed. "We are a few weeks into a completely new system and it's a completely different way of doing business."

In Portsmouth, the reforms have been embraced, and are "not a set of additional burdens. They free us up in a way that makes a difference for children and families. We had a conference for special needs co-ordinators (SENCOs) that got 100 per cent attendance and we showed them a new way of doing annual reviews. We wanted them to do it using the principles of person-centered planning.

"They have rolled that out for all children transferring from statements to education health and care plans (EHCs), but many schools have also embraced this way of working for all children with special needs in schools."

According to Dr Katherine, the reforms have resulted in a "genuine collaboration" in Portsmouth. "We've got both a strategic board and an operational group and we've got representation from health commissioners, health providers, children and adult social care, schools and colleges, early years providers and parents and carers".

She's complimentary about the pre-implementation role played by the Department for Education. "There has been a lot of support for LAs and from central government to get ready for implementation. The DfE has been closely monitoring implementation and they can give more support if problems are identified." Her LA is also collaborating with others to share best practice.

Dr Katherine now believes there are now no differences between pathfinder LAs and non-pathfinders. Portsmouth has been asked to lead from the next financial year on setting up a peer network in the south east of England.

Her conclusion on the reforms? "It's a lot better than what we had before. The new code is an opportunity to improve the support and to ensure children with SEN get access to good quality education and better life outcomes."
DR KATHERINE'S FIVE ELEMENTS THAT MAKE A DIFFERENCE TO SEND OUTCOMES
1. Ensure a key worker is in place to take a lead role and coordinate assessment of their needs to act as a single point of contact for the family.

2. Make sure the assessments are coordinated around the needs of the family.

3. Have the right support and information in place for families in the form of a "local offer", published on a specific website.

4. Put appropriate support in place for children who are on SEN support.

5. Focus on the join-up of services around the transition to adulthood to "allow really positive things to happen".
A parent's view: 'It depends on how much LA support you get'
Nancy Gedge is a teacher at Widden Primary School in Gloucester and the mother of Sam, a 14-year-old with Down's Syndrome. She says he is thriving at a special school, Alderman Knight School in Tewkesbury, Gloucestershire. How optimistic is she about the future of SEND provision?

"Typically we are going to have really patchy provision and it will depend on how much LA support we get," is her answer.

Areas with large numbers of academies are not able to benefit from the same level of support for pupils with SEND than those with mostly maintained schools, she believes. "It depends on how much LA support you get. We've had fabulous support from Gloucestershire, but not far away you have areas with many academies
and that has an effect. The beauty of this LA is the SEND team can give you lots of advice. If you don't have those structures in place, what support is there
for teachers to help them make those decisions?"

"The code really tried to put the brakes on labelling"

While she says the code of practice's extension in support up to the age of 25 "makes a huge difference", she also believes implementation has been rushed. This, in her view, has left some professionals in the dark about their new responsibilities: "How many doctors, for example, know that by law they have to contribute to EHC plans?"

For mainstream schools, she's critical of what she describes as a tendency in schools for children with greater learning needs to be "withdrawn from or outside the classroom, or sitting with a teaching assistant (TA) all the time. That has to stop". She refers to Deployment and Impact of Support Staff in Schools - an Institute of Education report that found a negative effect of TA support on academic progress it also found that the day-to- day support for pupils with SEN in mainstream
schools was often provided by those TAs.

The code of practice has, she says, "really tried to put the brakes on labelling, but without the labels the children may not get the support they need". The code of practice focuses on a "graduated approach". It is aimed at recognising a continuum of special educational needs and that, where necessary, increasing specialist expertise should be brought to bear on the difficulties that a child or young person may be experiencing.

Ms Gedge says this approach "rather than (having) straight categories, was brought in because they want kids like mine to have EHC plans". For other children, she says "the rest is kind of woolly, but that does not actually facilitate children to get the help they need".

Her main criticism is that while the code of practice "has its heart right, it breaks down when it comes to the details about how schools organise their SEND provision". It is now up to LAs to "make their own system from region to region".

# data[].attributes.attachment_link.title
Special needs reforms: laudable or laughable? | Schools Week

# data[].attributes.attachment_link.description
Parents of children with special needs last year told a website survey that they were unhappy with September's changes to provision. But do their concerns indicate widespread problems, or has the coalition secured genuine longer-term improvements? The coalition says that reforms to special educational needs and disability (SEND) provision brought in last September are the biggest shake-up to provision in 30 years.

# data[].attributes.attachment_link.title
NASAT 007 SEND and Inclusion Policy (Version 4)