This section is primarily a resource designed to train other professionals about the 2014 special educational needs/disability framework.
It consists of three sub-sections.
The first two are short, each comprising a brief introductory slide followed by two resource slides with links. They focus on:
- Transfer between the 2001 and 2014 systems;
- An overview of the 2014 system.
The longer third section is a brief introduction to transition planning.
Once a child has been brought to the attention of the local authority as potentially having a special educational need, the local authority must decide whether to carry out a statutory needs assessment for an Education Health and Care (EHC) Plan, and it must inform stakeholders, including the relevant health service, of its decision.
EHC Plans are legal documents that set out the education, health and social care support required by a child/young person with special educational needs/disabilities when their needs cannot be met by resources available to mainstream education providers. They focus on the outcomes the child/young person wants to achieve and set out how services will work together to support these outcomes, including details of any Personal Budget that is to deliver some or all of this provision.
Information on the number and content of EHC Plans should also be used to inform the review of joint commissioning arrangements by providing clear information about provision and outcomes relating to children/young people with special educational needs in each area.
(Riley, 2014)
For most pupils, schools can afford the resources to enable their progress from the notional special educational needs budget. However, pupils with the most complex needs will need additional resourcing from the local authority's Higher Needs Block budget.
A 'provision map' is a multi-tasking resource with a range of applications, one of which is to provide the 'SEN support' data needed for a child's/young person's Education, Health and Care Needs Assessment.
Early years, schools and post-16 settings should particularly record:
- Teaching strategies and approaches;
- Details of additional or different provision made under 'SEN support' during the pupil's time in the setting;
- Accurate evidence of its provision and impact, including the child's/young person's progress, expected outcomes from the support and planned next steps;
- The involvement of specialists;
- Evidence of regular discussions of the above with parents/carers and the
child/young person, and that it has been shared with them in an accessible,
written form.
(0-25 SEND Code of Practice, sections 6.73-6.75)
September 2014 to March 2018 is the transition period between the old (2001) and new (2014) special educational needs/disability frameworks. It is covered by the statutory guidance, Transition to the New 0 to 25 Special Educational Needs and Disability System (Department for Education, 2014). By April 2018, all special educational provision will be made under the 2014 framework.
If children/young people have Statements of Special Educational Needs (2001 special educational needs framework), their special educational needs provision will be regulated by earlier statutes until their statutory 'transfer review'/Education, Health and Care (EHC) Needs Assessment. If the child's/young person's needs have not changed, they are likely (although not certain) to receive an EHC Plan as the threshold criteria have not changed.
Local authorities must publish details of transitional arrangements (including timelines) on their websites, and schools must similarly share information about their own in-school, as well as the local authority's, arrangements with parents of children/young people with Statements of Special Educational Needs.
Transitional documents
- Transition to the new 0-25 SEND System (Department for Education, 2014)
- 'Changing from the old to the new' (Contact a Family/NNPCF, 2014)
- 'Timeline for the Statement to EHC Plan transition' (IPSEA, 2014)
2001 SEN framework documents
- Overview of the 2001 SEN Framework (Cerebra, 2013)
- Education Act 1996
- Learning and Skills Act 2000
- Special Educational Needs Code of Practice (Department of Education and Skills, 2001)
- Education (Special Educational Needs) (England) (Consolidation) Regulations 2001
- Education (Special Educational Needs Co-ordinators) (England) Regulations 2008
- Education (Special Educational Needs Co-ordinators) (England) (Amendment)
Regulations 2009
- A DfE presentation pack for school leaders: The 0-25 special educational needs and disability reforms' (presentation) Department for Education, 2014)
- 'Getting an Education, Health and Care (EHC) Plan' (factsheet) (Mencap, 2014)
- 'Information for parents: Education, Health and Care Needs Assessments' (factsheet) (Contact a Family/NNPCF, 2014)
- 'Information for parents: Education, Health and Care Plans’ (factsheet) (Contact a Family/NNPCF, 2014)
- 'The Education, Health and Care Plan' (factsheet) (Irwin Mitchell)
- Special Needs Jungle flow diagrams (infographics)
- 'Pathway process – EHC Needs Assessment' (presentation) (Surrey County Council, 2014)
- 'Assessments and Education Health and Care Plans' (presentation) (Department for Education, 2014)
- 'Education, Health and Care Pathway: 20-week assessment process' (infographic) (Anonymous, 2014)
- 'The EHC Planning pathway' (SQW/Department for Education, 2014)
- 'Education, Health and Care plans for children and young people with special educational needs and disability (SEND)' (presentation). (Department of Education/Department of Health, 2014)
- 'EHC Plan checklist' (IPSEA, 2014)
- Coordinated Assessment and EHC Plan (December 2013): Appendix 1 – CDC EHC Plan Checklist and Example Plans (Council for Disabled Children, 2013)
- SEND Pathfinder information packs and resources (Department of Health/Department for Education/Mott Macdonald, 2014)
- 'One-page profile' (Special Needs Jungle, 2014)
The UK Government and many other special educational needs charities also provide useful information on the new reforms. Click here for details.
- Children and Families Act 2014
- Special Educational Needs and Disability Regulations 2014
- Special Educational Needs (Personal Budget and Direct Payments) Regulations 2014
- Special Educational Needs (Local Offer) Regulations 2014
- Special Educational Needs and Disability Code of Practice: 0-25 years (2015)
- Draft Special Educational Needs and Disability (Detained Persons) Regulations 2015
The key messages from the Preparing for Adulthood Programme (Department for Education, 2011) are that supporting a young person with special educational needs/disabilities with an Education, Health and Care Plan into further education, training and adulthood should involve:
- Person-centred transition planning;
- Involvement and consultation of parents and carers;
- Partnership working across agencies;
- Provision of accessible and clear information;
- Working towards positive outcomes;
- Early assessment and transition planning;
- Relevant information sharing;
- Quality and monitoring;
- Safeguarding.
With high aspirations, and the right support, the vast majority of children and young people can go on to achieve successful long-term outcomes in adult life. Local authorities, education providers and their partners should work together to help children and young people to realise their ambitions in relation to:
- Higher education and/or employment – including exploring different employment options, such as support for becoming self-employed and help from supported employment agencies;
- Independent living – enabling people to have choice and control over their lives and the support they receive, their accommodation and living arrangements, including supported living;
- Participating in society – including having friends and supportive relationships, and participating in, and contributing to, the local community;
- Being as healthy as possible in adult life.
(0-25 SEND Code of Practice, 2015, section 1.39)
Click here for an information sheet overviewing transition planning.
In order to achieve these outcomes, it is important that from the earliest years:
- Young people and their families are well supported and placed at the centre of all planning;
- Young people are encouraged to develop the skills and understanding they need to make informed choices;
- The transition process is coordinated, systematic and consistent;
- Post-16 services and opportunities are commissioned effectively, based on early identification of likely need for support.
(Herefordshire Council/NHS Herefordshire, 2014)
To read further, click here.
Read: Chapter 8 of the 0-25 SEND Code of Practice (2015).
Where a child/young person has an Education, Health and Care (EHC) Plan, the review in Year 9 marks the beginning of an extended review process that continues through their remaining years in education up to the age of 25 years.
The new single system of EHC Plan support for children with complex needs from 0-25 years (as well as transitioning arrangements in the Care Act 2014) should mean an end to the funding and support discontinuities after compulsory schooling. Further education colleges and settings (although not higher education settings) now have similar duties to schools to support students with special educational needs/disabilities.
This information is based on: 'Information for parents: preparing for adulthood' (Contact a Family/NNPCF, 2014).
For further details:
into adulthood
Children are supported to plan ahead by exploring and understanding their options through contact with adult services, potential employers, further education colleges, etc. Schools have a legal duty to provide personalised, impartial careers advice to young people with special educational needs/disabilities after Year 7 (13-14 years of age). For young people with EHC Plans, annual reviews after Year 9 annual must focus on preparing for adulthood.
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While they are still in education or training, all students should follow a coherent study programme which provides stretch and progression and prepares them to achieve the best possible outcomes in adult life. There is a range of options including: remaining in education, supported internships, traineeships, apprenticeships, etc. Further education colleges will provide a graduated approach to 'SEN support' under the 0-25 SEND Code of Practice in a similar way to schools. Local authorities have to ensure that young people have access to independent information, advice and support.
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An EHC Plan cannot continue into higher education. However, universities still have a duty to identify students who need additional support, and to put that support in place. Some young people may be able to get Disabled Students' Allowance to fund specific assistance or equipment that they need. Local authorities should make sure advice about this is available in their Local Offer.
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When moving to adult health services with an EHC Plan, health services and other professionals should work with a young person and their family to develop a transition plan to show how and when the young person will move from child to adult health services. An EHC Plan can only remain in place until a young person's 25th birthday, if they continue to have special educational needs and if they remain in education or training. Young people will be advised and supported into adult provision if they are eligible, and the 0-25 SEND Code of Practice 2015 emphasises that that no young person should be left with a sudden gap in support. An EHC Plan can be stopped at any time if the local authority considers it is no longer needed. An important factor is whether the young person has achieved the education outcomes set out in their plan.
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- Education Act 1996
- Learning and Skills Act 2000
- Special Educational Needs Code of Practice (Department of Education and Skills, 2001)
- Education (Special Educational Needs) (England) (Consolidation) Regulations 2001
- Education (Special Educational Needs Co-ordinators) (England) Regulations 2008
- Education (Special Educational Needs Co-ordinators) (England) (Amendment) Regulations 2009
- Transition to the New 0 to 25 Special Educational Needs and Disability System (Department for Education, 2014)
- Children and Families Act 2014
- Special Educational Needs and Disability Regulations 2014
- Special Educational Needs (Personal Budget and Direct Payments) Regulations 2014
- Special Educational Needs (Local Offer) Regulations 2014
- Special Educational Needs and Disability Code of Practice: 0-25 years (2015)
- Draft Special Educational Needs and Disability (Detained Persons) Regulations 2015
- Anonymous (2014) 'Education, Health and Care Pathway: 20-week assessment process'.
- EHCP planning pathway.
- Contact a Family/NNPCF (2014) 'Changing from the old to the new'. London: Contact a Family/NNPCF.
- Contact a Family/NNPCF (2014) 'Information for parents: preparing for adulthood' London: Contact a Family/NNPCF.
- Contact a Family/NNPCF (2014) 'Information for parents: Education, Health and Care Needs Assessments'. London: Contact a Family/NNPCF.
- Contact a Family/NNPCF (2014) 'Information for parents: Education, Health and Care Plans'. London: Contact a Family/NNPCF.
- Council for Disabled Children (2013) Coordinated Assessment and EHC Plan (December 2013): Appendix 1 – CDC EHC Plan Checklist and Example Plans. London: CDC.
- Department for Education (2014) 'A DfE presentation pack for school leaders: The 0-25 special educational needs and disability reforms' (presentation). London: DfE.
- Department for Education (2014) 'Assessments and Education Health and Care Plans' (presentation). London: DfE.
- Department for Education/Department of Health (2014) 'Education, Health and Care plans for children and young people with Special Educational Needs and disability (SEND)' (presentation). London: DfE/DH.
- Herefordshire Council/NHS Herefordshire (2014) 'Herefordshire multi-agency transition protocol for children and young people with disabilities and complex needs'. Hereford: Herefordshire Council/NHS Herefordshire.
- Honigmann, J. (2013) 'Disabled children parents' guide: education'. London: Cerebra.
- IPSEA (2014) 'Timeline for the transition process from a statement to an EHC Plan'. Saffron Walden: IPSEA.
- IPSEA (2014) 'EHC Plan checklist'. Saffron Walden: IPSEA.
- Irwin Mitchell (2014) 'The Education, Health and Care Plan'. London: Irwin Mitchell.
- Mencap (2014) 'Getting an Education, Health and Care (EHC) Plan' (factsheet). London: Mencap.
- Riley, S.J. (2014) 'Improving outcomes for children and young people with Special Educational Needs and Disabilities (SEND): implications for health services and local authorities implementing the Children and Families Act (SEN) 2014'. Briefing paper to the Health and Well Being Board Meeting (29 April), Lancashire Directorate for Children and Young People
Other publications (3)
- SEN Pathfinder information packs
- Special Needs Jungle (2014) 'The SNJ/DfE SEND system flow charts'. [Online at: www.specialneedsjungle.com/flow-chart; accessed: 12.2.15]
- Special Needs Jungle (2014) 'One-page profile'. Online at: http://www.specialneedsjungle.com/business-directory/search-resources/9612/one-page-profile;
- Surrey County Council (2014) 'Pathway process – EHC Needs Assessment. Kingston-upon-Thames: Surrey County Council.
Media (1)
- Cerebra: http://www.cerebra.org.uk/English/getinformation/guides%20for%20parents/Pages/default.aspx
- Contact a Family: http://www.cafamily.org.uk/advice-and-support/sen-national-advice-service/the-sen-process
- Council for Disabled Children: http://www.councilfordisabledchildren.org.uk/what-we-do/policy/sen-and-disability-reforms & www.councilfordisabledchildren.org.uk/sendreforminfosheet
Media (2)
- Dyslexia-SpLD Trust: http://www.thedyslexia-spldtrust.org.uk/4/resources/2/for-schools-and-local-authorities/279/online-guidance-on-the-sen-reforms
- Independent Parental Special Education Advice (IPSEA): https://www.ipsea.org.uk
- Mencap: https://www.mencap.org.uk/SENresources
- nasen (previously National Association of Special Educational Needs): http://www.sendgateway.org.uk/resources.html?keyword=send+reforms
- National Deaf Children's Society: http://www.ndcs.org.uk/family_support/education_for_deaf_children/sen_reform_in_england
- Preparing for Adulthood Programme: http://www.preparingforadulthood.org.uk/who-we-are
- Special Needs Jungle: http://www.specialneedsjungle.com/sen-reforms
- UK Government: https://www.gov.uk/schools-colleges-childrens-services/special-educational-needs-disabilities
- UK Government: SEND Pathfinders: www.sendpathfinder.co.uk
Other publications
- Spivack, R., Craston, M., Thom, G. and Carr, C. (SQW) (2014) Special Educational
Needs and Disability Pathfinder Programme Evaluation – Thematic Report: The Education,
Health and Care (EHC) Planning Pathway for families that are new to the SEN system.
London: Department for Education. [Online: https://www.gov.uk/government/uploads/system/uploads/attac
hment_data/file/275104/RR326B_EHC_planning_pathway_-_FINAL.pdf; accessed: 19.3.15]
Media
- Nasen SEND Gateway: http://www.sendgateway.org.uk