Why did we need a new law?

“Money spent on SEN pupils has not, over the last 20 years, made a significant difference in their outcomes in adult life”

“By the time they leave school these young people are more than twice as likely to be out of education, training or employment as those without SEN”

“SEN pupils can be frustrated by their inability to receive support in school”

“Parents say the system is bureaucratic and adversarial”

“There are limited choices available to SEN pupils around schools and other services”(DfE)

Focussing on Outcomes means looking forwards, focussing on what is possible, and spending money things that make a real difference to the child, things that really work, things that draw on strengths, and things that everyone can see working

Background

Education Health and Care Plan (EHCP)SEN SupportLearning Difficulty Assessment (LDA) / 139a

Children and Families Act 2014 & Regulations (older legislation still remains relevant for some aspects of SEN e.g. careers advice, transport)

SEN Code of Practice 2015Care Act 201

Your Shout, Merton’s consultation group for disabled young people said

Aspirations are “hopes and dreams”

Outcomes are “what happens as a result of doing something”

EHCP Transfer Schedule 2015 / 2016

Who must be converted during this coming academic year (DfE March 2015)?

• Children going into reception class in September 2016• Children moving between Boroughs• Children moving from mainstream to specialist settings or vice versa• Children in year 9• Young people likely to leave a school setting in 2016 (e.g. going to FE college,

work-based training scheme, or a post 19 placement) – must be complete before

March 31st 2016

• Young people who left school prior to September 2014 and have a 139a / LDA (Learning Difficulties Assessment) or who should have had one*

Who is Merton converting during this coming academic year?• All of the above PLUS• Most children in year 5• Children for whom an EHCP is important for another reason e.g. transitioning

back to school from home after poor health, returning from a secure setting, children in out of borough residential settings

Please check Merton’s Local Offer in August/September to see the final plan

Transfer Process Merton

How do EHCP transfers work in Merton?

1. Parents and young people receive a letter from their school or the Local Authority with the date of the transfer meeting (minimum 2 weeks notice)

2. The 14 week transfer period starts from the date of this letter (allowing for holidays)3. Parents should be consulted about who they think needs to attend the meeting4. If someone is invited from one of the organisation types referred to in the Code of Practice,

they must be willing to submit a written report if they can’t attend5. Parents receive a form to fill in their “evidence” - Part A of the EHCP (including Aspirations)6. School provides their evidence for Part B (strengths and needs)7. At the meeting, someone from the Local Authority attends to agree outcomes (Section E) –

sometimes this person will come with a set of suggested outcomes as a helpful starting point (not a pre-scripted plan); this is a needs assessment meeting

8. After the meeting, the draft plan is issued ONLY to parents and young people plus those who were asked for reports or invited to attend the meeting

9. Comments on the draft must be sent back within 15 days and parents must name their preferred placement (Part I)

10. Amendments are made as long as they are consistent with evidence; the final plan is issued

₋ In some cases, potential new placements need to be consulted and given 15 days to respond ₋ Where a significant amount of additional public money will be spent, the plan will go to a

panel within the Local Authority for authorisation; this currently takes at least 2 weeks₋ New reports are needed if old ones are out of date (more than about 2 years old); these

assessments could be done at any time during the year but ahead of the meeting

PLEASE USE Core Assets – Independent Supporters

139a/ LDA Transfers (young people over 16)

*Young people who left school prior to September 2014

• Right to request an EHCP• If requested, full eligibility assessment takes 6 weeks as per a brand new request• If eligible, EHCP written within 14 weeks and must be finished by September 2016

Who will be eligible? course is expected to continue beyond September 2016 expected to need support to access education or training beyond 2016AND needs cannot reasonably be met by the normal provision available in a college, school or

other education setting (£6,000 barrier and Equalities Act provisions)

Who will not be eligible? education and training needs will finish before September 2016 needs can continue to be met with the current provision needs can be met within the normal provision expected to be available at a post 16

provision person is going to University or Higher Education leaving “formal” education (e.g. short courses, paid or unpaid work, adult social care

provision, adult education etc.)

EHCP Quiz

1. Who is legally responsible for the content of an EHCP?

Local Authority

2. Who is the EHCP about?

The child or young person & their family

3. Who can write an EHCP?Local Authority – NOT schools (although they can offer suggestions)

4. Who contributes “evidence” for the EHCP including the outcomes?Child or young person, parents, professionals & anyone who works with them or knows them well

4. Does “evidence” only mean written reports?Yes but it can include meeting minutes, for children also video, blog, drawings etc.

5. Who must contribute to an EHCP?Anyone invited to do so who is on the list of agencies named in the Code of Practice

6. Who should receive the draft or final EHCP?ONLY those who contributed to it

7. Who can the Local Authority share an EHCP with?No one without the prior agreement of the child or young person/their parents*

9. When do EHCPs lapse…or do they?EHCPs can be ceased when “formal” education or training is no longer needed or wanted

When the young person moves to higher education or starts full time workIt is very rare for an EHCP to continue to age 25 as courses should not be repeated

Education Health Care Plan

o Person-centred

o Positive baseline

o Possibilities

o Education needs

o Social / family needs

o Health needs

o SMART outcomeso What will be delivered?

o Who?

o When?

o How?

o How much?

o For how long?F (Part 3), G, H (Part 6)

E

B (Part 2), C, D (Part 5)

A

I (part 4)

o Aspirationso Parents / Child views

o Placement

Aspirations and Outcomes in an EHCP

Exercise 1

Aspirations (hopes or dreams)

o Longer termo Can just happen with maturity, not necessarily delivered by a serviceo May or may not be achievableo Could be quite vagueo May or may not match the child’s view or professional’s viewo May or may not be realistic

Something to give professionals a feel for overall priorities and how parents view the child’s potential

It is not critical and not make or break; it helps the EHCP writers to be family-focussed

Aspirations and Outcomes in an EHCP

Exercise 1 Example

My favourite band is Blue. I started liking them when my father broke his neck. I was at the hospital about to go down a lot of stairs I was scared so I sang Blue’s Eurovision entry and I imagined meeting them. Songs by Blue that I like are Sing for Me, Ayo and I Can. Other bands and songs I like are Boyzone(Love Will Save The Day), Krewella (Enjoy the Ride), Clean Bandit (Rather Be) and Prides (Messiah). I think that I am a mediocre singer because my Mum says I don’t sing in tune.

I have an iphone 5c that is yellow.

I would like to try coffee in the near future but I tried a cappuccino and it tasted like sour tea

I don’t want to do any job that involves blood and gore like a midwife.

CHILD 1

CHILD 2

I want to be left alone and live in Spain and design stuff

School work is hard; need help with englishI want to speakI want to work with animals maybe vet

CHILD 3 VIA AN IPAD

Aspirations and Outcomes in an EHCP

Exercise 1

Child’s aspirations and stories show context, personality…

o State of mindo Level of engagemento +ve or –ve thinkingo Language issueso Interests and strengthso Possible challengeso Work needed on self-awarenesso Work needed on careers/future possibilities

Not taken literally

Not critical or make or break; just part of the child-centred approachHelps if a real “feel” of the person comes through in the plan

Aspirations and Outcomes in an EHCP

Exercise 2

Outcomes are SMART

o 1 – 4 years, time-limited (normally up to next key transition point)o Something that is a real priority for the individual and valuable, relevanto Something that is challenging but possible for services to deliver, attainableo Something that clear, focusses minds and is functional, specifico We have to know if it has been achieved or not, measurable

A possible “Outcome Formula”

By x date, instead of A, he/she will be able to do B (monitoring method if necessary)

By 2017, Susan will have improved from a reading age from 4 to age 6By 2017, Susan will not shout when she is upset but will hold up her “HELP” cardOver the next 3 years, Susan’s seizures will continue to be well controlled by medicationOver the next 3 years, Susan will learn how to ask a peer to play with her in the playground and will do this at least 3 times per week without prompting from a TA

Outcome Types

Outcomes do not have to be achieved; Outcomes focus minds and target provision (evidence is that intensity = success); - they prevent failure of the plan due to complacency - they stop up us from allocating resource to unimportant work

TYPES OF OUTCOME

Moving forward – will be able to communicate anger using words, outbursts limited to 3 per week

Preventing decline / stabilising – seizures will be managed

Definite target - achieve grade x or above in a qualification

Ongoing action – will invite his friends to the cinema once per week using his phone

Needs Types

Needs (SEN types from Code of Practice)

• Communication and interaction (e.g. speech, social interaction)

• Cognition and learning (e.g. academic, life skills, self-help, vocational)

• Sensory and/or physical needs (e.g. medical, mobility, visual, hearing, sleep,

obesity, sexual health)

• Social, emotional and mental health (e.g. behaviour, emotions, anxiety)

• Summary of needs

Doesn’t have to be in these groupings and not all children have something in each

Outcomes must match needs and provision

Some example outcome areas

Learning: qualification, finish course, or some kind of learning target (curriculum level), understanding money, time, using a schedule, checking work, use phone/computer/ipad, generalise learning across settings, writing, reading, using IT/technology, social mediaIndependence: toileting, dressing, cooking, following recipe and making meal, shopping, travelling, self-care (washing, toileting)Emotional: tolerate noise, focus and attention, entertain themselves, manage anger, behaviour, swearing, outbursts, tolerate other children, accept change, accept uncertainty, be able to self-calm/self-regulate/self-aware, accept need for medicationFunctional language: speak clearly, learn vocabulary, 2 way conversation, ask for help, explain when in pain, explain emotions, make choices, articulate or communicate needs, learn signs, learn PECs/iPAD apps, learn to text, develop non-verbal communication and verbal communication, expand understanding, vocabulary, draw conclusions, generaliseSocial communication: access clubs, hobbies, activities, engage with others, use appropriate language, adapt communication, show respect, prepare for interviews, accept failure, accept criticism, understand other’s intent, recognise danger, friends, playPhysical: walk unaided, use hearing aids, develop trunk strength, hold a pencil, draw shape, speed up writingHealth: access preventative health services, book appointments, stand, walk, hold, lift, manipulate, take medication, obesity, sexual health, sleepSocial care: family cohesion, access to family, relationships within family, respite needs/copingOutcomes driven by situation: make successful transition to next placement

Need - Outcome – Provision

NEED (Section B)Has no expressive language but communicates well through gesture, facial expression, and pointing; however, he finds choices frustrating and difficult to communicate, especially at mealtimes, when his mother reports that he throws food and breaks plates

OUTCOME (Section E)By X date, will use his iPad to communicate basic choices and will ask for food items at lunchtimes using full sentences; he will not be violent or challenging

PROVISION (Section F)A speech and language therapist will work with him to develop a programme to build up a broad functional vocabulary over time on the Gridplayer. The therapist will deliver training to all staff working with x and his mother so that the programme is delivered consistently throughout the whole day. Progress will be reviewed every 6 weeks and adjusted as necessary.

Need - Outcome – Provision

NEED (Section B)She has issues with concentration and motivation. She is consistently late or absent and rarely has the correct equipment with her.

OUTCOME (Section E)BY 2017, she will attend school and other appointments on time 100% of the time unless unable to because of illness. This will be monitored by staff and her Mother with attendance recorded on a log.

PROVISION (Section F)She needs staff to specifically work with her on timekeeping, agree apps and tools to use, and set small, short term targets and expectations. She should make full use of her smart phone as she rarely forgets this.Staff will work with her to understand consequences, reasons for being punctual, and how organisation and reliability prepare her for adult life.Speech and language therapists (see outcome E1.1) will set out time-keeping targets in her communication programme.She needs regular praise and rewards to encourage her to maintain her efforts and not lapse back into a carefree way of thinking.

Need - Outcome – Provision

NEED (Sections C and D)Her mother says that she cannot access any out of school activities due to her behaviour, anxiety and vulnerability but that she is becoming bored and challenging at home – her mother is finding it hard to cope and has been diagnosed with depression (and is considering medication). She (the girl) is unfit and becoming overweight (BMI 35).

OUTCOME (Section E)For the next 2 years, she will access extra-curricular activities that she enjoys and that will engage her in physical exercise. Her Mother will tell us, when asked, that she is able to cope with her caring role.

PROVISION (Section G and H2)She will be referred for a short break once per week in the summer holidays or for 2 full weeks, and for 3 days in the other school holidays. The provider has not yet been chosen and may change over time. A detailed plan will be attached to the EHCP as an appendix when provision is stable. This may be delivered in the form of a direct payment so that her Mother can choose a provider in another borough if appropriate.She will receive help from the school nurse to access nutritional advice and family support in this area

Evidence

Evidence must justify each need Professional evidence must justify type and quantity of provision Outcomes must fit evidence of need and provision

Types of reportAcademic (school/college/tutor) reports

Educational Psychology reports where available cover many outcome areasSpeech and language reportsOccupational therapy reports

Hearing impairment teamVisual impairment team

Doctors, consultants, specialist nurse reportsSocial care assessments (children and adults)

Parents and young people themselves in certain circumstances e.g. travel trainingMinutes of the Transfer Meeting

Minutes of other professionals meetingsVoluntary sector or leisure setting report

Other evidenceParents views in Part A

Child views in Part A