What do you think about the idea of an automatic right to EHCP plan for any child with a lifelong condition (e.g. CP, ASD, Downs) - with an opt out if parents and professionals genuinely agree that a Plan is not needed for a particular child? The NAS say only 60% of children with autism nationally have a Statement, yet we know only 15% of adults with autism have full-time work, so the indicates too few children are getting the right level of support. An automatic entitlement would remove a lot of the cost, delay and fighting that goes on when children who obviously need a Statement are denied one. I am concerned one of the outcomes of your proposals will be that the number of Statements will drop substantially as LAs rush to get children off their books before a legal duty to age 25 comes in. Putting in place automatic entitlements to EHCP for at least some conditions would provide some protection against this.
I am concerned that the Government plans completely dodge the issue of home programmes (for autism in particular, such as ABA) despite the growing evidence base for home programmes particularly for very young children. There is government support for ABA at school age (Treehouse and new Lighthouse Free School in Leeds) but nothing said about it for younger children even though this is the age range where it is widely accepted that there is the most evidence of efficacy. There is also little said about the role of independent specialist providers generally in the Green Paper. Will the legislation enshrine in law the 2002 ASD Guidance and APPGA advice that home programmes should be part of any local offer? Will it be clear in legislation that parents can choose personal budgets for accredited home programmes?
I would urge you to get out and see highly regarded ABA providers doing programmes at home and in mainstream settings with young children and then go into mainstream nurseries using eclectic methods and see for yourself the vast difference in the quality of teaching. I would really encourage you to sit down with a group of parents who do ABA - there are many of us on this board who would be willing to meet you
- and hear what a difference ABA has made to our children, their siblings and our lives. Some of us can also tell you about the highly paid professional careers we have had to give up and the houses we have had to sell or remortgage because of the lie that our childrens needs can be met by mainstream staff who have been on a 1 day autism awareness course.
You are suggesting nursery places for disabled children as young as 2. This worries me. I am concerned LAs will use this to tell parents they must put their child in nursery to have their SEN met and if they don't they will be treated as home educating and given no financial support for their child's SEN (as currently happens for over 3's where free childcare has become the default special educational provision). My child with ASD gained little from nursery until he was 4, and then only because we won at Tribunal a ABA programme and were able to replace the well intentioned, but ultimately clueless, nursery 1:1 with an ABA specialist 1:1. Even then he went only 9 hours a week and functioned at the level of a 18 month to 2 year old, he now goes to mainstream school for 15 hours a week at age 5.5 with the intention to increase gradually once he has gained skills to learn in a group.
Children with developmental delays may well not be ready for mainstream until they are older. In other countries the model would be home programme of therapy then gradual transitioning into nursery provision - perhaps specialist first then mainstream. In the USA it would be common for children not to be mainstreamed until age 6, from a position of strength having mastered pre requisite skills. What is your evidence base that mainstream nursery places are better for autistic 2 year olds than home programmes, specialist nurseries etc etc. Why are you blindly going down the road of extending mainstream SEN provision younger and younger when there is no research to show that it has been a success for over 3's, indeed no research has been done at all. There is a world of difference between a child having SEN due to a deprived home and where the child will gain from the stimulation at nursery because it is a better environment than at home; and a child who has SEN due to an underlying condition and for whom a mainstream setting is the most challenging environment possible and probably the last place he will be able to learn.
Why have you stopped publishing the SEN data by LA? We were starting to be able to hold our LA to account for their shocking outcomes, only for the data to disappear from publication this year.
My LA is a Pathfinder. Despite in effect already having a personal budget (ordered by tribunal) of ABA delivered partly at home and partly in a mainstream setting (i have control of which ABA provider to use and arrange it, the LA just pays the invoices); when I asked to have a personal budget for speech therapy (the NHS speech therapy dept has no ASD expertise) I was refused and told the LA had a 'power' as a Pathfinder to give personal budgets but no 'duty'. This seems contrary to the 2011 Order. As I understand it my LA intends to offer personal budgets to just 6 young adults as part of its pilot - it has decided that the group of under 5's for whom it is piloting the EHCP will not be offered personal budgets as there is no duty to do so. This does not seem to me what was intended.