Asked by: Lord Lingfield (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government what assessment they have made of the extent to which local authority performance targets for special educational needs teams, or individual staff within those teams, align with current legislation and guidance, in particular in relation to (1) the production of education, health and care plans, and (2) the number of placements in special schools; and what actions they propose to take in response to that assessment.
Answered by Lord Nash
Local authorities are responsible for fulfilling the statutory duties on special educational needs (SEN) and disability placed upon them by the Children and Families Act 2014 and the SEND Code of Practice. This legal framework sets out clearly the process and timescales for producing Education, Health and Care (EHC) plans; and the process for determining the school placement of children and young people with EHC plans.
Local authorities must issue final EHC plans within 20 weeks of commencing an assessment. Data published in May showed that 59.2% of EHC plans were issued on-time, excluding exception cases. Some areas are managing 100%. We have emphasised to local authorities that, where there are delays, they need to communicate clearly about them with families.
The SEND Code of Practice is clear that EHC plans must be issued in sufficient time prior to a child or young person moving between key phases of education, to allow for planning and, where necessary, commissioning of support and provision at the new institution. The Children and Familes Act 2014 (Transitional and Saving Provisions) (Amendment) (No.2) Order 2014, as amended by the Children and Families Act 2014 (Transitional and Saving Provisions) (Amendment) Order 2015, require local authorities to prioritise the review of statements of SEN or Learning Difficulty Assessments (LDAs) for children and young people approaching the end of an educational phase.
Young people aged 19-25 are only able to draw on high needs funding from the Education Funding Agency where they have an EHC plan. Because some local authorities may not complete all the necessary transfers from LDAs to EHC plans by 1 September, EFA-funded institutions can continue to deliver programmes to 19-25 year olds where the young person has a Learning Difficulty Assessment and is receiving high needs funding, and where the local authority is in the process of an EHC assessment but has not finalised the EHC plan.
The Department does not set targets for the performance of individual local authorities. The Department monitors very closely nationally-published data on local authority performance on SEN and disability and provides support and challenge as appropriate.
Asked by: Lord Lingfield (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government what plans they have to address delays in the production of education, health and care plans in cases where (1) plans are produced by a local authority outside the timescale specified in regulations, and (2) plans are not produced for the start of a new school or academic year where a young person is transferring to a new stage of education at the age of (a) 16, and (b) 18.
Answered by Lord Nash
Local authorities are responsible for fulfilling the statutory duties on special educational needs (SEN) and disability placed upon them by the Children and Families Act 2014 and the SEND Code of Practice. This legal framework sets out clearly the process and timescales for producing Education, Health and Care (EHC) plans; and the process for determining the school placement of children and young people with EHC plans.
Local authorities must issue final EHC plans within 20 weeks of commencing an assessment. Data published in May showed that 59.2% of EHC plans were issued on-time, excluding exception cases. Some areas are managing 100%. We have emphasised to local authorities that, where there are delays, they need to communicate clearly about them with families.
The SEND Code of Practice is clear that EHC plans must be issued in sufficient time prior to a child or young person moving between key phases of education, to allow for planning and, where necessary, commissioning of support and provision at the new institution. The Children and Familes Act 2014 (Transitional and Saving Provisions) (Amendment) (No.2) Order 2014, as amended by the Children and Families Act 2014 (Transitional and Saving Provisions) (Amendment) Order 2015, require local authorities to prioritise the review of statements of SEN or Learning Difficulty Assessments (LDAs) for children and young people approaching the end of an educational phase.
Young people aged 19-25 are only able to draw on high needs funding from the Education Funding Agency where they have an EHC plan. Because some local authorities may not complete all the necessary transfers from LDAs to EHC plans by 1 September, EFA-funded institutions can continue to deliver programmes to 19-25 year olds where the young person has a Learning Difficulty Assessment and is receiving high needs funding, and where the local authority is in the process of an EHC assessment but has not finalised the EHC plan.
The Department does not set targets for the performance of individual local authorities. The Department monitors very closely nationally-published data on local authority performance on SEN and disability and provides support and challenge as appropriate.
Asked by: Lord Lingfield (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government whether they plan to respond to the findings published in June in <i>Reporting on the HCP process: Bren Prendergast's parent participatory research,</i> in particular in relation to the rights of children and young people with disabilities and their parents and carers.
Answered by Lord Nash
We are monitoring Education, Health and Care (EHC) plans in a number of ways and have put in place a range of measures to help drive up their quality. In producing EHC plans, local authorities must take account of the views, wishes and feelings of children, young people and parents and engage them fully throughout the process.
We annually survey local authorities to identify, for example, the number of EHC plans in place, how many have been completed within the statutory deadline, and how many statements of Special Educational Needs have been reviewed and replaced by an EHCP. The data is attached and available here: https://www.gov.uk/government/statistics/statements-of-sen-and-ehc-plans-england-2016
Our team of Special Educational Needs and Disabilities (SEND) advisers regularly visit local authorities to assess how well they are implementing the SEND reforms, and to offer support and challenge. In early 2016, we provided free training for all local authorities, which parents also attended, on producing quality EHC plans. Between July and October this year, we will conduct a large-scale national survey to assess the experiences that young people with SEND, and parents, have of EHC plans.
Departmental officials regularly meet groups of parents, and young people, to discuss a range of things in relation to SEND, including EHCPs. Bren Prendergast’s report provides helpful additional information.
Asked by: Lord Lingfield (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government what actions they are taking to ensure that local offers published under the statutory duty on local authorities in the Children and Families Act 2014 meet the two key purposes set out in Chapter 4 of the Special Educational Needs and Disability Code of Practice 2015.
Answered by Lord Nash
The Department is monitoring the implementation of the Special Educational Needs and Disability (SEND) reforms and securing a wide range of feedback. This feedback is collected through statutory data collection; regular surveys of local authorities, parents and carers; regular inputs for the Special Educational Consortium (which represents more than 30 organisations); and reports from contractors such as the Council for Disabled Children, which provides Independent Support services in all local authority areas, and Contact a Family, which runs a national helpline for parents of children with SEND.
The Department provides support to local areas in a range of ways, such as voluntary and community sector experts and a team of specialist SEND Advisers.
Local authorities must include information about Personal Budgets in their Local Offers, including information on how to request one. Parents and young people have the right to request a Personal Budget for elements of an Educational Health and Care (EHC) plan; local authorities are under a duty to prepare a budget when requested. Our termly surveys collect responses on the number of EHC plans which carry a Personal Budget.
Since April 2013, the Government has provided nearly £1.5 million in funding to a number of projects with voluntary sector organisations to develop materials to support local areas to introduce Personal Budgets. We regularly promote these projects in our communications to families and to organisations in the sector. For example, KIDS produced guidance in 2015, through the Making it Personal 2 project. The Department is currently funding KIDS to build on this project, to develop further guidance and training resources, including some specifically aimed at young people with SEND, in a range of accessible formats. The SEND Gateway, which is run by the National Association for Special Educational Needs, also offers practical resources on Personal Budgets to assist both users and professionals.
Through our regional support networks, we have funded a number of workshops aimed at local authorities, parents and others about Personal Budgets and we will continue to offer support for of this kind.
Following publication of the Children and Families Act 2014, the Government set out the statutory duties to which local authorities and those working with children and young people must adhere, in the SEND Code of Practice: 0-25 years[1]. The Code of Practice includes clear information on the processes of EHC plan assessment and production. The Department’s team of specialist SEND Advisers are working with local areas to improve the quality of EHC plans, and are currently leading workshops on this across England.
The SEND Code of Practice includes clear requirements that all local authorities must meet when developing, publishing and reviewing their Local Offer. All local areas have Local Offers in place, but we recognise that the quality varies. This is another area we are monitoring through our termly surveys, our voluntary and community sector experts and specialist SEND Advisers. We have provided regular advice to local areas about how to improve the quality of Local Offers. We are confident that local authorities are working with their partner bodies and with families and young people to continue to improve their Local Offers to ensure they respond to local needs.
Asked by: Lord Lingfield (Conservative - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government what actions they are taking to increase the take-up of personal budgets and direct payments, in particular for educational provision, in line with section 49 of the Children and Families Act 2014, the Special Educational Needs (Personal Budgets) Regulations 2014, and Chapter 9 of the Special Educational Needs and Disability Code of Practice 2015.
Answered by Lord Nash
The Department is monitoring the implementation of the Special Educational Needs and Disability (SEND) reforms and securing a wide range of feedback. This feedback is collected through statutory data collection; regular surveys of local authorities, parents and carers; regular inputs for the Special Educational Consortium (which represents more than 30 organisations); and reports from contractors such as the Council for Disabled Children, which provides Independent Support services in all local authority areas, and Contact a Family, which runs a national helpline for parents of children with SEND.
The Department provides support to local areas in a range of ways, such as voluntary and community sector experts and a team of specialist SEND Advisers.
Local authorities must include information about Personal Budgets in their Local Offers, including information on how to request one. Parents and young people have the right to request a Personal Budget for elements of an Educational Health and Care (EHC) plan; local authorities are under a duty to prepare a budget when requested. Our termly surveys collect responses on the number of EHC plans which carry a Personal Budget.
Since April 2013, the Government has provided nearly £1.5 million in funding to a number of projects with voluntary sector organisations to develop materials to support local areas to introduce Personal Budgets. We regularly promote these projects in our communications to families and to organisations in the sector. For example, KIDS produced guidance in 2015, through the Making it Personal 2 project. The Department is currently funding KIDS to build on this project, to develop further guidance and training resources, including some specifically aimed at young people with SEND, in a range of accessible formats. The SEND Gateway, which is run by the National Association for Special Educational Needs, also offers practical resources on Personal Budgets to assist both users and professionals.
Through our regional support networks, we have funded a number of workshops aimed at local authorities, parents and others about Personal Budgets and we will continue to offer support for of this kind.
Following publication of the Children and Families Act 2014, the Government set out the statutory duties to which local authorities and those working with children and young people must adhere, in the SEND Code of Practice: 0-25 years[1]. The Code of Practice includes clear information on the processes of EHC plan assessment and production. The Department’s team of specialist SEND Advisers are working with local areas to improve the quality of EHC plans, and are currently leading workshops on this across England.
The SEND Code of Practice includes clear requirements that all local authorities must meet when developing, publishing and reviewing their Local Offer. All local areas have Local Offers in place, but we recognise that the quality varies. This is another area we are monitoring through our termly surveys, our voluntary and community sector experts and specialist SEND Advisers. We have provided regular advice to local areas about how to improve the quality of Local Offers. We are confident that local authorities are working with their partner bodies and with families and young people to continue to improve their Local Offers to ensure they respond to local needs.