Green Paper direct payments for SEN - pilot authorities

[appropriatelyemployed]

There seems to be some confusion amongst pilot authorities about whether they are actually piloting direct payments for SEN - even when they are listed on he statutory instrument implementing the pilot

This is what I have found out.

An amended Section 532B of the Education Act enables the Secretary of State to make pilot schemes for direct payments for SEN by order. An order has been made: the Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2011 (SI 2012/206).

These regulations came into force on 30 January 2012 and the pilot scheme is for a period of two years. The pilot applies to the 36 local authorities listed in Schedule 2.

Whether the local authority likes this/understands this or not, if a local authority is a pilot authority, then it should be (as a minimum) providing information and advice about the scheme with any SEN statement or LDA issued since the pilot started (para 3 of the regulations), considering any request for direct payments (para 3) and then giving reasons and a right of review of any decision not to make direct payments (para 13).

I also understand that guidance is awaited from the Dept of Education on this topic.

Tweat IPSEA and tell them of your concern. They are very concerned over the potential for mismanagement of this process.
twitter.com/#!/IPSEAcharity

Oooh, don't do tweats! Not sure how to do that.

Tried to tweet but it then disappeared????

Ok I said I was to let my crap reply go, but AE now you are reeling me in!
I will scan and email you my LA reply.
this barrister's blog seems to agree that the Pilot cannot be rolled out to a tiny area as my LA intend to do (only offer to over 16's in one part of the County)
I am more than happy to send my reply to IPSEA / Secretary of State etc for 'clarity' but if others have responses from their LA perhaps a co-ordinated letter would be better?

Is this not individual budgets pilot scheme, which covers ed, OT, physio and salt etc. Rather than DP for social/ home help?

Dev - pilot scheme covers direct payments for SEN as well as other things but the order (and Agnes has linked to details) we are talking about is for SEN.

I await response back from pathfinders' auditor and DoE. Then I agree coordinated response to LAs would be good.

Does this mean that if your LA is in the pilot scheme, there is a possibility that you could apply for direct payments to pay for a fully qualified SEN TA?

Well, yes, in theory, IF your child's statement requires them to have this, you could then apply for this BUT there are 'get out' clauses for the LA. So, if they can argue that it is not cost effective for you to be paid directly because it is cheaper for them to supply the provisions, they can refuse it. The Regulation sets out the process.

from what I heard of it was instead of taking a sen place and using the LA services, you are allocated a budget. This budget then covers ed, salt, ot, physio and whatever else is needed or written into the statement. It's a different budget to DP. As you have the money, you get to say where the service is from. I asked for my LA to pay for us to go on a neighbouring authorities pilot scheme with DS not being in school, not getting ot, not getting physio, not getting salt, having no pead and needing better psyc support!! Will take a look at the link tho.

hmmmmm

I have been told that ds needs specialist support in school experienced in the sns he has or he goes to a good ms school with a good sn unit provision. They said he would not benefit in a SS due to his wanting to learn so must have access to a curriculum and it can be done if the specialist prov is provided.

This is what they are suggesting in their report for the statement to be amended. However its all very well saying it but getting it is entirely another matter........

I was thinking along the lines of if a direct payment was available then I could use it for that maybe even beg borrow and sell for better again if I can as the schools here are both lacking in experience and miles apart.

I could do some fishing I suppose......

Lenin where did you find the neurodevelopment paed?

I think there will be a key worker who will approve the payments and oversee the process from what i've read. I can't link on this thing but there's info if you google.

How can you find out which LA's are in the scheme?

They are listed at the end of the Pilot Order AE has linked to.
Or the Pathfinders have their own website here

Just read the 'update' on the SENPathfinder website and confirms that:

direct payments can be made for:

• Special educational provision as set out in part 3 of the statement;

- Provision to meet SEN in the LDA; and

• Transport provision.

Thanks for that Agnes.
Well my LA are definately there. I have to contact them and have a meet in a couple weeks. I will let you know what my findings are.

I'm not sure ABA is the problem for heads. I think it is a parent chosen TA, regardless of what they are doing.

If that TA is parent selected then schools will have much less flexibility to share out their resources and piggy-back statements for other children as they do now.

Yes in mine it does have the hours in part 3 within the provision. Maybe because when I did the amendments I wrote it in there to make clear I wanted it quantified and spelt out as there was no indication at all of hours anywhere first time round.

My school had the funding but havent hired any more TAs just got the original ones and rotated them over the time. None have experience or training either. They are lovely though. But even though he has had statement since Dec they are only now implementing some of it so the poor TAs have had to bluff it along without support of what to do to be honest.

They had the money but not used it effectively and it is obvious they are dragging it out till the summer when he moves. My aim is to start DS afresh and sorted at the Juniors as that is where his education is really going to begin I hope.

Or totally hypothetical employ someone if this DP is possible to start now and move with him...............dreams

They are implementing part of it but it is to be totally revamped when my reports are in as LA have agreed this. This is what I am hanging on for but working out getting my facts right beforehand :)

There is no 'some time off' about any particular category of SEN provision under the Regulation. LAs are supposed to follow the terms of this Reg for ALL provision - no distinction is made.

HOWEVER the LA can reject in specific grounds set out in the Regulation.

As Lenin says, your head will have to be on side.

This is distinct from a global personalised budget. But it seems some LAs are not seriously piloting DPs in accordance with the law by saying a variety of different things

AE, that thing you asked me to do has come back already!