Children and Families Bill just became an act!

[StarlightMcKingsThree]

Bet you missed it......

[ouryve]

Woo. Yay.

You see these LED lightbulbs here....

[bochead]

Council for disabled children must be hearing "Kerching" and seeing ound signs all over the office.

I never did work out which group of disabled kids they were representing during the consultations

[salondon]

Right, so now we have even less control over the situations as parents.. great

What happens to current 'in the works' statements?

[salondon]

Is this the right page I am looking at? This talks about the children in care

[autianarchy]

That's the one. None of the news is focussing on the SEN element it seems. A new draft SEN CoP is due out before Sept when this thing becomes law. As I understand it, those currently seeking statements under the old system will carry on under it. As of Sept those starting the process will have to go under the new system.

[autianarchy]

www.mencap.org.uk/news/article/poor-guidance-threatens-undermine-potential-children-families-act

MENCAP less positive....

[Jerbil]

I've been told that in the next 2 months our LA will stop doing statements and do the education health and care plan instead. Before it has any legal standing!

[bochead]

How does the health portion of this now work? Do we still go to SENDIST?

[Icimoi]

The health and care sections are supposed to be specific and detailed. However, you can only appeal to SENDIST about the education section. Also Clinical Commissioning Groups have a right of veto in relation to the health section, so it could just be withdrawn and you would have no right of appeal.

The good news is that health provision for educational purposes (e.g. speech and language therapy) is still viewed as educational provision.

[bochead]

Is old case law still applicable to back up SALT/OT etc?

Otherwise I see a loophole the size of the grand canyon for LA's/PCT's to exploit.

[Nennypops]

The Act says "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)."

The draft CoP and regs make it clear that that includes SALT and OT, and there is no reason at all to think that will change in the final version.

[mymatemax]

The finalised new SEN code is due out any day.
All LA's will be putting together their Local Offer this must be jointly decided with parents.
For all those keen to see ABA and similar available as standard you must lobby your LA now to ensure it is included in the local offer.
Some LA's are using Parent carer networks or similar charities as a voice for parents to feed in to the LA.

[Nennypops]

I heard the new code wouldn't be out till June?

[mymatemax]

is it June, thought it was sooner than that.. oh well! Message is still the same.

[LadyKooKoo]

I'm in Birmingham and going to a parent focus group about the local offer on Wednesday. They are still doing statements here but I know in Solihull they are purely doing EHCPs for the new applications (was advised this at a workshop about personal budget's in February). I get the impression that the powers that be think there is no chance of it not going through as planned in September.

[KOKOagainandagain]

Nenny - what is your view of the HFA free special schools that have suddenly sprung up in my LA?

[Nennypops]

KeepOn - not sure really. Are they properly designated special schools which children can only get into if they have statements? If so, I suppose at this stage it's a matter of looking at the staffing, whether they are appropriately qualified and experienced, whether they have adequate access to therapy, whether they have adequate funding etc.

What really concerns me is the special academies and the fact that children can be put there without statements. That means that they can be shunted there without any adequate assessment of their needs and what support they are going to need, and no provision for review etc. There are signs that some of the big academy chains are going for this which leads to worries that they will use them as a dumping ground for pupils they don't want spoiling their exam results in their other schools. The only way to challenge this sort of placement would be quite lengthy, i.e. you'd have to apply for assessment and hope to get an EHC Plan where you would ask for an alternative school to be named.

[bochead]

Aacdemies and free schools also are under no obligation to follow the national curriculum or employ qualified teachers! A designated special academy will be freed from league table tyranny over the usual 5 A-C gcse passes etc too. Add in no requirement for a statement and some of the most vulnerable children will be left completely unprotected.

I'm worried that each LA will eventually end up with a special academy that in layman's terms will be the dumping ground for all the kids other schools don't want. (especially those in areas like Lewisham where most have academy status already).

The special academy scheme has dodgy written all over it.

[mymatemax]

that's the difference with the new draft code it clearly states that all academies, free schools, maintained & indi special school must comply.

[Nennypops]

They will have to comply with the Children and Families Act and the compulsory elements of the code of practice. It still doesn't mean that they have to comply with other laws such as the requirement for qualified teachers.

[spmwh]

The idea of the EHC plan is good as it is more child centred but it's not specific enough, or being rolled out quickly enough. They will come in by law in September but what concerns me is the kids who are on school action or school action plus. That hasn't been sorted out at all but will become obsolete in September. It's no time at all and all the pressure is being put on the LAs that are cutting services left right and centre.

[Nennypops]

There is going to be one stage that is meant to be the equivalent of School Action and School Action Plus. However, the draft Code of Practice provisions on this were basically useless and I can't see what it achieves. Under the current system there is value just in the fact that teachers and others have to review children on each stage, consider whether they are making progress or not and, if they aren't, take defined steps to move them up a stage and think constructively about the provision they need so that they can make progress. I wish I knew what the DfE thinks is to be gained by getting rid of that.

[RaRaTheNoisyLion]

Spm I don't find the EHCP child-centred at all. They seem to be more focused on provision rather than outcomes for the child.

And yes those with SEN but no statement are screwed, but then they were before.