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Has the new SEN code of practice gone through yet?

(12 Posts)
Ilisten2thesoundofdrums Tue 04-Feb-14 12:35:08

I know it is due to come into force in September 2014 but i want to make sure I have my facts straight before replying to DS's school who tell me that they no longer do IEP's in line with the new SENCOP and advice from the LEA.
I am writing to say that the law won't come in until Sep, but wanted to know if it has been finalised or not yet - as if its still draft its even easier to put my foot down and insist on the IEPs being done.
They claim it was part of the target setting day they had for all of school. DS was supposed to set his own targets which I think is wrong, he refused to properly participate, and at no time was it made clear to me that this was supposed to be a substitue IEP.
What do you think about it folks?

KeepOnKeepingOn1 Tue 04-Feb-14 12:52:33

confused

No IEPs in line with new SENCOP?

There is no mention of IEPs in the draft.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/251839/Draft_SEN_Code_of_Practice_-_statutory_guidance.pdf

Can you name the LA?

bjkmummy Tue 04-Feb-14 12:53:14

It's still draft - the bill itself has been going through stages in the House of Lords etc but it has not got the royal assent yet which makes it law so as of today it is not law 100%

Interestingly someone on one of the other boards who was a senco posted that she never ever did IEPs. I questioned her over this and she said that she kept records in other ways and her door was always open to parents.

Ilisten2thesoundofdrums Tue 04-Feb-14 12:58:28

Just searched the draft and it says that the plan must contain

The arrangements for setting shorter term targets and
monitoring progress.

This could mean anything.

But my beef was that its not yet law is it? So thanks for that bit at least.
I'm not sure if I want to publically name the LEA - its a London one though.

Ilisten2thesoundofdrums Tue 04-Feb-14 12:59:43

Its a new SENCO and while I like lots of what she is doing, i'm utterly unconvinced about dropping IEP's ( especially as I've just been invited to DD's in another school in the same LEA)

bjkmummy Tue 04-Feb-14 13:07:25

You would think though that schools would still have to have some system to show how the children will make progress. Some schools will keep doing IEPs. It doesn't help that the new EHCP layout will be different depending on where you live.

NoRunAround Tue 04-Feb-14 13:08:45

According to the DfE the final SEN code is likely to be published in June, to come into force from Sep 2014.

In the meantime, it's business as usual smile

StarlightMcKingsThree Tue 04-Feb-14 13:09:30

TBH, IEPs weren't really a requirement of the old SENCOP.

However, surely it is good practice to have short term SMART targets regardless of what you call them?

bjkmummy Tue 04-Feb-14 13:16:15

The statementing criteria here stat says you must have 2 IEPs before they would consider a statement - I know that just the LA criteria rather than law. It's one of the reasons given in my refusal to assess plus the school need two terms to see if the Iep works

StarlightMcKingsThree Tue 04-Feb-14 13:19:52

Oooooh, magic IEPs. I like that.

IEPs don't 'work' ffs. They are just bits of paper that may or may not be read by anybody.

bjkmummy Tue 04-Feb-14 13:25:03

That's made be laugh star 'magic IEPs' I must remember that one cos of course the piece of paper is going to take away all of her difficulties if we just keep waiting :-) like I've kept waiting without the 'magic IEP' for the last 5 years.

Ilisten2thesoundofdrums Tue 04-Feb-14 13:59:26

Well IEP's were used all throughout my LEA so it was practice here, and I'm going to DD's IEP review next week, so I am still hmm at it all.
DH has just revised my draft and we have sent them a letter

"I note from the footer to your email that the new Code of Practice is not expected to come into force until September 2014. From a quick check of the Department of Education site, it is clear that, while they intend to issue a revised Code (under the proposed, but still not completed Children and Families Bill) this is would be subject to parliamentary approval and not expected to be published until spring 2014 at the earliest. It is thus not yet even finalised. The DoE states that the 2002 Code of Practice remains current until the new legislation is enacted and a revised code comes into effect.

I am also aware that other LEA schools are keeping to the existing Code of Practice and holding IEPs with parents at which they set appropriate targets for the children concerned. It should be noted that the ..... (LEA's local authority's online communication channel with schools in the borough) still makes reference to the 2002 Code of Practice.

Surely you will, therefore, need to comply with the current Code until such time as the new law is in force.

I note also that the code is designed to help the school and pupil’s parents make effective decisions regarding children with special educational needs.

Given DS's attitude to the ‘target setting day’ review, and that this change in policy by school was not made clear to either him or to us prior to this review, We don't consider that any targets set by him at that time, relate to those requirements that may have come out from his statement.

As a result we would like you to continue with IEP's until such time as the law, and Code, actually change."

As DH says sometimes we actually feel sorry for them for the shit we give them but...... I still want the best for DS and I need some way for them to be accountable for doing the things in the statement.

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