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SEND Decision Making and the Law Workshops - Resources

The Children and Families Act 2014: SEN and Disability – Decision Making and the Law Workshops - Resources

In November and December 2017, workshops were held in 9 regions across England to assist local authorities (SEND and social care representatives) and health care representatives in interpreting and applying the legal requirements of the Children and Families Act 2014 to some of the key decision points. These workshops were led by the DfE SEND Adviser team and IPSEA, and facilitated by Mott MacDonald.

The workshops were organised following feedback and requests from the first set of ‘SEND Decision Making and the Law’ workshops held in January and February 2017. It highlighted the need to broaden the audience to include health and social care representatives. In recognition of the value of parental contribution to the discussion, a National Network of Parent Carer Forums (NNPCF) regional representative was invited to each event.

All resources used or referenced in the workshops are available to download on this page. A summary is provided in the resource list below:

Resources

SEND Decision Making and the Law workshop presentation slides

Case studies used during table discussions at workshops

Please note that these are case summaries, and have been developed solely as a training tool for the purposes of the DfE/IPSEA SEND decision making and the law workshops delivered in November and December 2017.

3 - Case study 1: refusal to assess - background

Background information detailing a refusal to assess case study which was used for activities described on page 19 of the presentation slides

4 - Case study 1: refusal to assess - decision

Details of the decision made for case study 1 which was used for activities described on page 19 of the presentation slides.

5 - Case study 2: refusal to issue a plan - background

Background information detailing a refusal to issue a plan case study which was used for activities described on page 36 of the presentation slides.

6 - Case study 2: refusal to issue a plan - decision

Details of the decision made for case study 2 which was used for activities described on page 36 of the presentation slides.

Summary table of cases

7 - A full list of all cases referred to in the presentation slides with links to further information

The following list includes all cases referred to in the presentation slides. Please select from the cases below which will take you to the relevant links:

A summary table of all the cases can also be downloaded below:

Legal references and statutory guidance

8 - The Children and Families Act 2014, part 3

Part 3 of the Children and Families Act 2014 entitled Children and Young People in England with Special Educational Needs and Disabilities. Part 3 places duties on local authorities and other services in relation to both disabled children and young people and those with SEN. It can be downloaded here.

9 - Special Educational Needs and Disability Regulations 2014

The main set of Regulations underpinning the Children & Families Act 2014 can be downloaded here.

10 - Special Educational Needs and Disability Code of Practice 2015

Statutory guidance for organisations which work with and support children and young people who have special educational needs or disabilities. This can be downloaded here.

11 - Equality Act 2010

The Equality Act 2010 is the law that prohibits discrimination (unfair treatment) and helps achieve equal opportunities in the workplace and in wider society. It sets out the specific legal meaning of a ‘disability’ as 'A physical or mental impairment which has a substantial and long term adverse effect on your ability to carry out normal day to day activities'.

12 - NHS Standard Contract 2017/18 and 2018/19 Service Conditions

The NHS Standard Contract is mandated by NHS England for use by commissioners for all contracts for healthcare services other than primary care. The Contract has been updated from the 2016/17 version to the 2017/18 – 2018/19 version which can be downloaded here. It includes in paragraph 10.5 the following statement “Where a Local Authority requests the cooperation of the Provider in securing an Education, Health and Care Needs Assessment, the Provider must use all reasonable endeavours to comply with that request within 6 weeks of the date on which it receives it.”

Additional resources referred to during workshops

13 - Education Health and Care Plans: examples of good practice

A guide produced by the Council for Disabled Children to support the development of skills in writing good quality EHC plans that meet both the letter and the spirit of the Children and Families Act 2014. It includes ‘top tips’ as well as excerpts from real EHC plans and can be downloaded here.

14 - The role of social care in implementing the Children and Families Act 2014

A guide produced by the Council for Disabled Children which can be downloaded here. It provides:

  • An overview of the legal framework for social care for children and young people who are disabled or have SEN and their families, including changes introduced by the Children and Families Act 2014 and the Care Act 2014. It provides information for strategic leaders and managers to support effective planning and decision making.
  • Information specifically for front line managers and social workers to help them put the legal framework into practice. It includes resources that can be used locally for training and development.

15 - Identifying the social care needs of disabled children and young people and those with SEN as part of Education, Health and Care Needs Assessments (May 2016)

This briefing was developed by the Council for Disabled Children and is aimed at social care teams, disabled children’s teams, and special educational needs and disability teams, particularly those responsible for EHC needs assessments. It is designed to help those coordinating EHC assessments to gather information which will support the provision of meaningful social care advice, particularly where a child or young person is not known to a social work team. It can be downloaded here.

16 - Education Health and Care Plan Workshop materials (Spring 2016)

In early spring 2016, workshops were held in all nine regions to support local areas with producing quality Education, Health and Care (EHC) Plans. These were delivered by the DfE SEND Adviser team, facilitated by Mott MacDonald. The resources from these workshops can be used by local authorities and other partners to train colleagues and disseminate this learning. They can be downloaded here.

17 - DfE Factsheet and FAQ on EHC plan eligibility for 19-25 year olds

A factsheet has been produced by Department for Education on EHC plan eligibility for 19-25 year olds. It can be downloaded here and covers the following items:

  • 19- to 25-year-olds’ EHC plans
  • Education, training and benefits
  • Funding
  • Considering health and social care needs
  • Including young people in decision-making

18 - DfE SEN2 Data (2017)

Statistics and analysis produced by Department for Education on statements of special educational needs (SEN) and education, health and care (EHC) plans in England. This statistical release (SFR) publishes data from the annual SEN2 data survey return, which is mandatory for local authorities to complete. This data was referred to in the presentation slides on pages 14-16 and can be found here.

19 - IPSEA Website

The IPSEA website contains information, advice and guidance, as well as a range of free resources which are available to download.

Contact the Support team:

If you have any queries about the SEND Decision Making and the Law workshops, please direct these to SENDdeliverysupport@mottmac.com or call the helpline on 0207 651 0308