Introduction

The National Governors’ Association (NGA) is the national membership body for school governors. NGA has several categories of membership comprising individual governors, school governing bodies and independent local associations of school governing bodies. NGA seeks to represent the interests of all school governors and governing bodies in all phases and types of school.

1. Does the draft Bill meet the Government’s policy objective to improve provision for disabled children and children with special educational needs?

1.1 The draft legislation appears to meet the proposals in the SEND Green paper and next steps publication. While appreciating that this is an early sight of the draft clauses, it would be helpful to have sight of the regulations referred to as these could impact upon the policy objectives.

1.2 As with all legislation, implementation will be the real test.

2. Will the provisions succeed in cutting red tape and delays in giving early specialist support for children and young people with SEN and/or disabilities?

2.1 See response above. Until the Regulations accompanying the proposed Bill are published it is not possible to say whether there will be a reduction in red tape and delays. The Regulations may introduce red tape.

3. What impact will the draft Bill have on current institutional structures?

3.1 It is possible that the explicit extension of EHC plans to age 25 may encourage those institutions who cater for students up to age 19 to develop post 19 provision.

4. What transitional arrangements should be put in place in moving from the existing system?

4.1 The arrangements put in place must ensure that children and young people and schools are provided with the appropriate levels of support and funding to meet needs. It is important that no young person misses out on support as we move from one system to another. The NGA would suggest that that as children and young people who currently have statements of special educational needs move from one phase of schooling to another it is essential that an EHC plan should be put in place (e.g. when moving from pre-school to school, year 6 to year 7 or year 11 to year 12)

5. Is there anything missing from the draft Bill?

5.1 The Regulations should describe some aspects of the type of provision which young people can expect, especially post 19 (e.g. supported work experience).

6. Whether it would be appropriate to move away from “special educational needs” and use the term “learning difficulties and/or disabilities” instead in the new system?

6.1 The NGA and in particular the members of the NGA’s special schools governors group do not think there is any advantage to children and young people in changing from SEN to learning difficulties/disabilities – although the latter term is commonly used in FE. Clause 1 provides a very clear definition of SEN.

7. Should the scope of the integrated provision requirement be extended to all children and young people, including those with special educational needs?

7.1 While this may be desirable it would be extremely complex and the NGA is concerned that this would impact negatively upon the rest of the bill.

8. Should other types of schools and institutions be included in the duty on schools to admit a child with an education, health and care plan naming the school as the school to be attended by the child?

8.1 The current clause includes local authority maintained schools, academies, FE institutions and non-maintained special schools, which would seem satisfactory.

9. Do the provisions for 19 to 25 year olds provide a suitable balance between rights, protections and flexibility?

9.1 The NGA is pleased that the provisions provide for those aged 19-25 to contribute, comment and appeal in relation to the EHC plan. Many of the provisions in relation to 19-25 year olds refer to Regulations – without sight of the Regulations it is not possible to say whether there is a suitable balance.

10. Do the provisions achieve the aim of integrated planning and assessment across agencies?

10.1 They may not. The draft legislation says that local authorities must exercise their functions ‘with a view to ensuring the integration of special educational provision with health provision and social care provision, where it thinks...’ This does appear to leave it open to local authorities and health authorities not to integrate. It is difficult to assess fully without definitions; however we have concerns that integrated planning and provision may not result. Much effort has been made over the last decade to improve integrated working between different agencies and this has proved very difficult to achieve, despite being accepted by all as central to successful provision of services for children and families with complex needs. Any legislation therefore needs to be extremely clear as to what it is attempting to achieve with integrated work and limit circumstances in which it may not be.necessary.

11. How could the power given to the Secretary of State to make regulations with regard to the practicalitiesof the assessment and planning process be best utilised to achieve the aim of integrated support?

11.1 Any regulations or statutory guidance must make clear that local authorities and all health authorities will need to justify any situation where integration is not taking place. In addition, given the current difficulties many education institutions have in ensuring that the non-education provision is funded, it may be necessary for regulations to explicitly set out that the contributors to the EHC plan have a financial responsibility for delivering the services specified in the EHC plan.

12. What impact will the new powers provided for in the clauses have on young people’s transition into adult services?

12. 1Given the involvement of health and social care in developing the EHC the NGA hopes that this will encourage closer co-operation and understanding between local adult and children’s services at both a strategic and at a practical delivery level.

13. How could the provisions in the bill be used to reinforce protections for young people with special educational needs who are in custody or who are leaving custody?

13.1 Local authorities should ensure that an EHC is in place for any young person leaving custody if one was not in place before they entered custody and where an EHC was in place this should be reviewed.

14. Other comments

I14.1 t is not clear from the draft legislation whether there is a maximum age at which a first EHC plan can be prepared (e.g. is it possible for a young person to acquire an EHC for the first time between the ages of 19-25).

14.2 Clauses 15(3) and 39(2) use the words ‘as far as is reasonably practical’ and ‘use its best endeavour’ and although this may mirror existing terminology it does leave the way open for responsible authorities to limit their responsibilities.

14. 3 There should be a reference to Local Healthwatch within the draft legislation to reflect the inclusion of Childrens Health and Social Care within the remit of Local Healthwatch under the Health and Social Care Act 2012.

National Governors’ Association

11 October 2012

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