In July, we offered CYP Now readers the chance to submit questions to children's minister Edward Timpson on the impending introduction of the reforms to special educational needs and disabilities (SEND) support. He outlines his answers on the key issues below.
What evidence is there that the reforms will improve life for children and young people with SEND and their families?
Edward Timpson: For too long, families have found themselves battling against a complex and fragmented system. These reforms are designed to ensure that support fits in with their needs and not the other way around.
They are big changes for families and will mean a simpler and more joined-up system, focused on children achieving their best.
The reforms are the result of lengthy consultation; taking into account the 2011 Support and Aspiration report, which took evidence from Brian Lamb's 2009 review.
We've listened to councils, but also parents and young people, and taken on board their advice about how we can make the system better.
Families told us that they wanted to be more involved in shaping the support they receive and the evidence so far shows that the changes will make a significant difference to parents and young people with SEN.
Through the independent evaluation of the pathfinder programme - where 31 local authorities have piloted the reforms - families have reported they are now more satisfied across almost every measure.
Their views are being better heard and considered, for example, and they are more satisfied with services working more closely together.
We've also extended the pathfinder programme to March 2015, so that local areas can easily draw on the lessons of the local authorities that have tested the reforms.
How will the reforms change the experiences of education and support for children and young people with SEND and their families?
Families will find a new system that puts their child first, is ambitious for their child and is simpler to work with.
Parents and young people already trialling the new support tell us they are happier with the services they receive.
They are more involved in decisions on how support is being put in place, what it is meant to achieve and how it links to the child's own views and aspirations.
We are being told by parents that it now feels as though there is someone on their side and that they're being listened to on an equal footing, as part of a team.
These are the sorts of experiences we expect to see through the reforms as they are rolled out nationwide.
If councils neglect their responsibility to support children and young people with SEND to achieve the best possible educational and other outcomes, how can they be challenged by the parents of children and young people without an education, health and care (EHC) plan?
All local authorities have a duty to ensure they are supporting children and young people with SEN or a disability.
They must publish detailed information on how to complain about services offered locally.
In addition, if families feel that their local authority is failing to meet its duties towards them, then they should complain through their local authority's complaints procedure and to the Local Government Ombudsman.
Additionally, every local authority will have to seek the views of parents on the services they provide, and we encourage parents to get involved and speak up if they feel that provision is not right.
Schools also have responsibilities to meet the needs of those without education, health and care plans and parents should raise concerns with the school itself if they feel this is not happening.
They also have the right to request a statutory assessment from the local authority if they feel that their child's needs are not being met, and can appeal if this is not granted.
How will the minister ensure that services are commissioned for children and young people who have SEN but do not have an EHC plan - for example, children and young people with speech, language and communication difficulties?
As part of the changes, councils and local health services will now come together to meet the needs of children with special educational needs and disabilities in their area, including those without EHC plans.
A number of places are already finding ways of embedding speech and language therapies, working with schools, so these issues can be identified much earlier.
Nevertheless, we're continuing to work with groups including the Royal College of Speech and Language Therapists to tackle this issue further.
Why are free schools and academies able to open special schools in an attempt to remove SEND children and young people from their performance ratings/outcomes?
No free school or academy can open special schools with the purpose to improve ratings.
They can open a special school but, like all applications, they would be subject to the same processes of demonstrating demand and suitability of provision.
The test for an EHC plan seems to be if the special educational provision required to meet the child or young person's needs cannot reasonably be provided from the resources normally available to mainstream settings. How do you define "normally available" in the new school funding system? Is this up to the nationally determined threshold of £6,000 per year? Or would you say that "normally available" also includes top-up funding from the "high needs" block of funding? If so, when would any child ever qualify for an EHC plan?
The definition of SEN and the legal basis for issuing an EHC plan has not changed from the previous law on statements of SEN.
All local authorities have a duty to ensure they are supporting children and young people with SEN or disability.
The decision on whether to issue an EHC plan is made solely on the individual circumstances of the child or young person and the ability of educational providers to meet their needs.
"Resources normally available to mainstream settings" is not the same as the threshold in the high needs funding arrangements, for which the costs of additional SEN support up to £6,000 are met by schools from their annual budget.
There are circumstances where it would be appropriate for a child or young person to have a plan where the additional support costs are lower than £6,000, or occasions where a child might not need a plan, even though the costs of their support exceed £6,000 - it depends on what is best to meet the needs of the child or young person in question and help them achieve their outcomes.
Some campaigners have expressed their concern that the reforms could open up legal loopholes for councils and make it more difficult for families to access health and care support because the focus is on education. Will it be monitored to ensure this doesn't happen?
This is simply not the case. Our new system of support will mean local authorities have to provide for the needs of all children and young people with SEND from health and care to education.
It will also not affect arrangements for accessing care and support for those without SEN or change any existing entitlements.
Are you confident that local authorities will be ready in time?
Yes. I've been in regular contact with councils working hard to prepare for these reforms. In May, 90 per cent of local authorities told us they're on track for September and can manage the changes.
For councils who are further behind the curve, I have made it my business to personally follow up on their progress. These reforms are hugely important and I'm determined to see them improve things on the ground.
From my own conversations and visits in recent weeks, I've been very impressed with the commitment and enthusiasm councils are showing.
They've said the new legislation has revitalised their practice, and enabled them to work together much more with parents.
Similarly, parents who have been through the EHC assessment and planning process are reporting really positive experiences that focus on their children's strengths rather than their limits.
Are the reforms in danger of being undermined by reductions in local authority budgets? What will happen once the dedicated funding runs out?
We've already given local authorities a comprehensive offer of support totalling £70m, with another £76m coming over the next two years. This money will meet the additional costs while the reforms are implemented, supporting councils through to the point where they are confident with their new system.
The funds will help with developing and introducing the new EHC plans and transferring children and young people with statements or learning disability assessments over to EHC plans, developing the local offer, personal budgets and mediation, and engaging young people and families in the process.
Pathfinders are already telling us that the reforms are significantly raising the profile of children and young people with SEND in children's services, which is precisely what needs to happen.
Will EHC plans apply to young people who enter youth custody or will their plan be suspended? If the latter, then how will these vulnerable young people's education health and care needs be met?
Yes, they will apply. The Children and Families Act is clear that councils must not cease an EHC plan when a child or young person enters custody and must maintain and review it on release.
For the period the child or young person is detained, their home local authority will be responsible for arranging appropriate special educational provision that corresponds as closely as possible to the EHC plan. The act introduced these new and significant arrangements for young offenders, which will come into force from April 2015.
SEND REFORMS: KEY DATES
From 1 September:
- Education, health and care (EHC) plans will co- ordinate support for all children and young people aged up to 25, replacing statements of SEN. EHC assessments must be carried out within 20 weeks.
- Children and young people with SEN, and their families, will be offered personal budgets to carry out their EHC plans.
- Local authorities will be required to publish a "local offer" with details of all the support available to disabled children, young people and their families in the area and drawn up with families.
- High-quality mediation services; and independent advice and support for parents and children across education, health and care must be available.
From April 2015: The home local authority of a young person in custody will be responsible for arranging appropriate support as outlined in the EHC plan.
End of spring term 2015: School pupils and those in early years settings should have transferred to SEN support.
1 September 2016: All those in further education or training assessed as having a learning disability should have an EHC plan where needed.
1 April 2018: All children and young people with statements should be transferred to EHC plans.
