SEND News and Reforms
- Written by: Lindsey Rousseau
Special Educational Needs and Disability (SEND) Division would like to inform you that the notice modifying the duty on local authorities to secure or arrange the special educational and health care provision specified in children and young people’s EHC plans will expire today.
This follows the Secretary of State’s announcement on 2 July that, unless the evidence changes, they will not be issuing further national notices to modify this duty. Their focus will increasingly be on supporting local authorities, health commissioning bodies and education settings as they work towards full provision being restored for all children and young people with EHC plans.
The Regulations that were made to provide additional flexibility over the statutory timescales for various EHC needs assessment and plan processes remain in force and currently last until 25 September 2020 and they are keeping this under close review. DfE are expecting Ministers to decide next month how long the Regulations should remain in force.
SEND division have taken the opportunity to publish a minor update to https://www.gov.uk/government/publications/changes-to-the-law-on-education-health-and-care-needs-assessments-and-plans-due-to-coronavirus
- Written by: Brian Lamb
The DfE response to the Select Committee on SEND, which was published on 23rd July, can be found through this link:
- Written by: Steve J
Today, 21 July 2020, the Children & Families Minister Vicky Ford and Care Minister Helen Whately have published an open letter to children and young people with special educational needs and disabilities, their parents, families and others who support them.
The letter explains the actions that need to be taken to ensure that, where possible, all pupils return to their educational settings from September, and responds to some of the concerns and questions that have been raised.
You can read the letter in full here.
- Written by: Lindsey Rousseau
On 16 July 2020 July the Standards and Testing Agency updated their information about the Engagement Model:
As you will be aware, the Engagement Model is the new assessment (replacing P scales 1 to 4) for pupils working below the standard of national curriculum assessments and not engaged in subject-specific study. We published the Engagement Model guidance (see https://www.gov.uk/government/publications/the-engagement-model) in March 2020 and intended that it would become statutory from September 2020.
Following the disruption caused by coronavirus, we recognise that some schools may not have had the opportunity to engage with the guidance and training opportunities, and as a result may be less prepared to implement the Engagement Model. Therefore, the 2020/21 academic year will be a transitionary year (subject to the necessary legislation being made) where schools will have the time to prepare for, and start embedding, the model by:
- identifying the relevant cohort of pupils
- using the engagement areas to observe and assess the level of engagement for individual pupils
- evaluating the curriculum
We will also use a flexible approach for the submission of teacher assessment outcomes at the end of key stages 1 and 2. Schools that have used the engagement model will be able to report against it, and schools that need more time to implement this change will continue to have the option to assess against P scales 1 to 4, for one final year.
The proposal is that the Engagement Model will then become statutory from September 2021.
- Written by: Lindsey Rousseau
The DfE SEND Dvision have today (2 July 2020) published the following newsflash:
Earlier today, the Secretary of State announced plans for the full re-opening of schools in September. We would like to signpost a suite of guidance that sets out the actions that various educational settings need to take to enable children and young people with SEND to return to full-time provision from the beginning of the autumn term:
- Guidance for full opening: special schools and other specialist settings to support special schools, special post-16 institutions and other specialist education settings, such as hospital schools, to prepare for this;
- Separate guidance explaining the action that mainstream settings need to take:
Schools should continue to increase attendance for those in target year groups and those children and young people with EHC plans for the remainder of the summer term. We are also able to confirm that out of school settings, providing childcare and short break or respite services will be able to open from 1 July and into the summer holidays. Guidance on this is at: Coronavirus (COVID-19): guidance for children's social care services.
- Written by: Brian Lamb
- Written by: Lindsey Rousseau
The Special Educational Needs and Disability Division published the following newsflash on 29 June 2020:
1. Temporary changes to SEND law
Today, the Secretary of State has issued a notice to extend the temporary changes to the law on what provision has to be made currently for those with Education, Health and Care (EHC) plans. The temporary changes to the law have been in force since 1 May and are now extended to 31 July. Once the notice expires, the Secretary of State can issue a further notice for a period of up to a month if it would be appropriate and proportionate to do so in the context of coronavirus. We will keep this under close review. We have also taken the opportunity to publish a minor update to Changes to the law on education, health and care needs assessments and plans due to coronavirus.
2. Consultation on changes to the School Admission Code
The Department for Education has just launched a consultation on a revised version of the School Admissions Code (Code), and would welcome your feedback. The consultation can be found at https://www.gov.uk/government/consultations/changes-to-the-school-admissions-code--4.a> The consultation will run until 16 October.
The proposed changes to the School Admissions Code are intended to support vulnerable children. The changes would therefore potentially have significant implications for children with SEND. In addition, SEND stakeholders may have a particular interest in a specific recommendation about how the Code should provide for decisions about the admission of children and young people with Challenging Behaviour. We are keen to hear from a wide range of SEND stakeholders to help ensure that all relevant SEND considerations are factored into Ministers’ decisions as to the best way forward.
We understand that not only is the education sector facing challenges in supporting the country’s children to ensure they can access education, but the current COVID-19 outbreak has affected everyone's lives in different ways. In particular, we are concerned that some of our most vulnerable children may experience gaps in their education because they are unable to secure a school place quickly during this unsettled period. We think that now, more than ever, we need to continue with our plans to make changes to the School Admissions Code to support the most vulnerable and disadvantaged.
We have an extended consultation period of 16 weeks, running into the Autumn term to allow for disruption caused by both the school holidays and the phased re-opening and return to school. We are planning to host virtual consultation sessions with our stakeholders. Do let us know if you would like to be involved so we can plan accordingly.
We are not proposing a wholescale review of the admissions system. Feedback from the sector is clear that the main round largely works well, but there are problems with the in-year admissions processes and Fair Access Protocols. Our proposed changes seek to clarify these responsibilities and introduce a more robust process for their management and have been developed collaboratively with a number of stakeholders.
As you may be aware, the department previously committed to making a change to allow children adopted from state care outside of England the same priority for admissions as domestic looked after and previously looked after children. We are consulting on this change and are also using this opportunity to provide further clarity around the admission of service children and children of crown servants, alongside some additional minor drafting changes that will improve existing provisions.
More information on each of the changes can be found within the consultation document (found at the bottom of the consultation webpage under ‘attachments’), as well as a revised draft of the Code as proposed.
We have also published an updated statement on the admission of summer born children. This is published here: https://www.gov.uk/government/publications/summer-born-children-school-admission.
Please do forward the details of our consultation to colleagues both within your organisations and to any other parties that may have an interest in this consultation.
We have set up the This email address is being protected from spambots. You need JavaScript enabled to view it. mailbox for any future comments or questions in relation to the consultation.
- Written by: Lindsey Rousseau
In April 2018, the Department for Education began a national trial to extend the powers of the SEND Tribunal to hear appeals, and make non-binding decisions about, health and social care aspects of Education, Health and Care plans.
The trial was due to end on 31 August 2020. However, given the understandable pressures local areas and families are under as a result of coronavirus, the Government believes it is not the right time to introduce any changes to this policy.
We have therefore decided to extend the trial until 31 August 2021 and we have today written to Directors of Children’s Services to inform them and provide further details.
A copy of the letter can be found here.
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