The SEN Code has been published....

[StarlightMcKenzie]

Yes really!

www.gov.uk/government/publications/send-code-of-practice-0-to-25

off to wilkos for some printer paper & a highlighter pen for most of us now then .

Still not quite the final version - it's the draft to be laid before Parliament. They may have got tired of making changes by now, but if it's anything like the last version it needs changing!

Is this only for England? What about Wales?

Not liking the bit about mediation and how you have to get a certificate before you can lodge your appeal

oh god. how many ways are we all about to get royally screwed ? have you counted?

One tiny bit of good news is that those of us with Statemented children about to go into year 6 in September don't have to be transitioned onto EHC plans in the academic year 2014/15. The LA must take into account parental preference. We choose to use either the existing legalisation/Statements or the new EHC plans for year 6 transition.

Thank god. I wasn't looking forward to being a guinea pig in the new system!

That stuff about mediation is in the Act which was passed in March. It's mostly going to be a stupid bureaucratic hurdle, I think: people will have to ring up the mediation advisor to listen to a script about mediation, say no thanks, then they get the certificate. I think you can also just ask them to send you the information in writing or by email so you don't even have to listen to them churning through the script.

What I wonder about it is that, if you want mediation, it has to happen within 30 days and representatives of the NHS and social services have to turn up. It could be interesting to watch everyone concerned blow fuses struggling to get everyone round the table within that sort of timescale.

I am glad this bit is in!!

Therefore, it is expected that all those who have a statement and who would have continued to have one under the current system, will be
transferred to an EHC plan – no-one should lose their statement and not have it replaced with an EHC plan simply because the system is changing.

Section 19(d) of the Act is interesting:

In exercising a function under this Part in the case of a child or young person, a local authority in England must have regard to the following matters in particular—

(d) the need to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes.

That's a bit of a change from the usual mantra about SEN provision only having to be adequate. I wonder how that'll play out in practice.

yes the mediation part really seems pointless - you phone up say no thanks and get your piece of paper - it will not go against you if you do not mediate - if you do mediate yes there are timescales but just seems such a lot of faffing around - good I suppose if you think the LA will listen to you but for me absolutely no chance that's ever going to happen so ill just get my certificate and appeal - I need to read the transition document especially for those still going through the process at the moment and what that is going to mean in reality for me especially if I end up back at tribunal again.

I was thinking exactly the same icimoi.
I have a SENDIST hearing on the 3rd of September will it be this SENCOP they refer to?

Thanks Star!