SEND Reforms

Children and Families Act
2014: SEND Reforms
County Governor Forum
Tuesday 4 November 2014
Liz Flaherty
Transfer from Statements to EHCPs
SEN Support (The Grey Book)
SEN Policy and SEN Information Report
EHCP: Requests for assessment
Ongoing support
Assessment started before
1 September 2014
• All new statutory assessments without a statement from 1
September 2014 will conclude with EHCP/no EHCP
• Any assessment/re-assessment in progress on or before 1
September 2014 must continue under Education Act 1996 –
unless parents and LA in agreement to treat as EHC
• Any subsequent statement will be drawn up/amended under
1996 Act arrangements – unless LA decides there is sufficient
information to draw up an EHCP (if parents/young person
Transition period 1 September
2014 to 31 March 2018
• Children in R-1, Y2, Y6,Y11 and Y14
will have their Statement transferred to
an EHCP this year.
• Same year groups in subsequent years,
but Year 9 added next year (ie Sept
Transfer Review
For those with Statements in YR-1,Y2, Y6 and Y11 and
Y14 the transfer review process must replace the
annual review.
The LA must complete the transfer review before:
• 15 February 2015
• 31 May 2015 for Year 11 (in subsequent
calendar years by 31 March) although aiming
for 15 February 2015
The Transfer Process
• School to invite parents to a Transfer Review Planning meeting.
• Transfer review commence date needs to be identified to
parents and all involved
• Transfer review must involve EHC needs assessment (all advice
as for EHC assessment)
• But the LA must not seek advice if same advice previously
provided for any purpose and it is sufficient for EHC assessment
• Transfer review needs assessment must involve CYP and
parents and LA needs to ensure their participation in
discussions and minimise disruption
The Transfer Process (cont.)
• LA must finalise EHC plan within 14 weeks of the start of the
transfer review;
• A draft plan must be issued to the parents with a 15 day
response time;
• To conclude transfer review LA must send copy of finalised plan
to the parents or YP and governing body of school; or
• Notify child’s parents or YP of decision not to make EHCP and
ceasing Statement (but must be notified within 10 weeks);
• No note in lieu
• All rights to appeal to Tribunal remain.
YP right to make their own decisions after the
end of compulsory school in relation to their
Request an EHC assessment
To make representations
To request a particular institution
To request a personal budget
Right to appeal to the SEN and Disability Tribunal
A young person can nominate someone to support
them – and will need to practise expressing their views.
Transfer from a Statement to
Paperwork to be used:
K3 TR and explanatory notes
Our Story (K1)
My Views (K2)
SEN Support
In mainstream schools:
• How is the ‘grey book’ shared with
• What does ‘high, quality inclusive
teaching’ look like in your school?
• What do you need to do to as governors
to find out about this?
Has your school in place:
audit staff training needs
CPD sessions on specific areas of need
Support for colleagues with their planning
Model practice/team teach
Work with support staff re difference
between learning and task completion
Senior Leadership Team’s commitment to
SEN Policy
• Must reflect statutory requirements and the actual
practice/ethos of the school. Go to the Special
Educational Needs and Disability Regulations 3.65 for all
info of what needs to be in it or
• Must be made available to parents…..could be in a
summary form
• Reference to other relevant policies e.g.….behaviour,
equal opps, admissions etc
The school census
• All new pupils with SEN who will not be on
EHC plans should be recorded under SEN
Support from September 2014.
• Schools should review the provision for those
currently on SA/SA+ to SEN Support by the
January 2015 Census.
Education, Health and Care
Assessments and Plans
Requesting an EHC
Ensure evidence is robust
Engage with parents: K1 “Our Story”
Complete K3
Support child in completing K2
• Decision made by LA in 6 weeks
• From request to final plan = 20 weeks
• Draft – Final 15 days
– Share with parents
– Consult schools
New documentation is
available on intranet:
K3 – school information
K3 TR – school information for transfers
K2 My Views
Other Changes:• Local Offer
• Personal Budgets
• Post 16
Independent Support
Any queries – contact:
[email protected]

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