My child has a statement will they have an Education, Health and Care Plan?

EHC plans will replace Statements of Special Educational Needs (SEN). From September 2014, no more statutory assessments for a statement of SEN will be started. Instead, there will be an Education Health and Care needs assessment. All current statements of SEN will be converted to EHC plans over the next few years.

Anyone who applies for an assessment of need up to Sept 2014 will be included in the current system of statements and Learning Disability Assessments. From September 2014 onwards all students undergoing an assessment of need will be assessed for an Education, Health and Care plan.

Will the Local Authority just take away my child's Statement and replace it with an Education, Health and Care plan?

No, before the local authority can change the Statement over to the plan they will need to go through the review process with you, your child/young person, the current educational setting and the professionals who support you/your child. You can find out about the process of transferring existing statements of SEN to Education, Health and Care plans and when your child’s statement is likely to transfer to a plan by following this link link needed to transfer plan

Will the support that my child/young person receives change when their statement of SEN is transferred to an Education, Health and Care plan?

Just like a statement of SEN an Education, Health and Care plan details a child/young person’s special educational needs and the support that they require. The level and type of support will be discussed and assessed as part of the transfer process and, just like an annual review of a statement of SEN, the Plan will reflect the advice received from the professionals involved. This means that for some children and young people the level and type of support may change but only as it would have done if an annual review of a statement was being carried out. Education, Health and Care plans consider not only a child and young person’s special educational needs but the outcomes that the child or young person are working towards and their aspirations. This means that Education, Health and Care plans are person centred.

Can I still appeal if I disagree with changes made when transferring to an Education, Health and Care plan?

The following conditions apply to appeals:

• the parent or young person can appeal to the Tribunal when the EHC plan is initially finalised, following an amendment or a replacement of the plan

• appeals must be registered with the Tribunal within two months of the local authority sending a notice to the parent or young person of the decision about one of the matters that can be appealed to the Tribunal or within one month of a certificate being issued following mediation or the parent or young person being given mediation information

• the right to appeal a refusal of an EHC needs assessment will be triggered only where the local authority has not carried out an assessment in the previous six months

• when the parent or young person is appealing about a decision to cease to maintain the EHC plan the local authority has to maintain the plan until the Tribunal’s decision is made

How can I request an Education, Health and Care Plan needs assessments?

An Education, Health and Care assessment can be requested by:

 A child’s parents (or somebody on their behalf)

 The young person if over the age of 16 (or somebody on their behalf)

 A person acting on behalf of an early years setting, school or post 16 institution (this should be with the knowledge and agreement of the parent or young person)

Anyone can inform a Local Authority about a child or young person who has (or may have) special educational needs (SEN). This could include foster carers, health and social care professionals, early years practitioners, youth offending teams, probation services, those responsible for education or a family friend. Where possible this should be done with the knowledge and agreement of parents or the young person where possible.

Every educational setting has a Special Educational Needs Co-ordinator (SENCO) who works closely with parents, teachers, support staff and other agencies to ensure that children and young people with SEN receive appropriate support and high quality teaching. The SENCO is usually the first point of contact for parents and young people who have questions about special educational needs and the support available. The SENCO of your child/young person’s educational setting will be able to support you with making a request for an Education, Health and Care needs assessment. To find out who the SENCO is, contact the educational setting directly.

How do the Local Authority decide if an Education, Health and Care Plan is needed?

The Special Educational Needs and Disability Code of Practice (Chapter 9.16) allows Local Authorities to develop criteria for deciding whether to undertake a statutory assessment for an EHC plan. The criteria is flexible and adaptable and not applied as a blanket policy.

The Local Authority hold a regular statutory assessment panel meeting at which requests for statutory assessment are considered. The information that has been provided about a child/young person is considered by the panel and the views of the panel support the Local Authority in deciding if a statutory assessment should be carried out. The panel, which consists of a number of professionals across education health and care, use the criteria that has been developed as a guide when considering the support a child/young person has already received, the outcomes they are working towards and any additional support that they may benefit from. Where there is a compelling reason to do so the Local Authority can, and will, depart from the criteria to consider individual circumstances that warrant such a departure.

As Education, Health and Care plans are for children and young people from birth to age 25 will all children and young people have a plan until they are 25?

Not necessarily, young people post 16 must be remaining in education or training for the plan to still apply, therefore post 16 or post 19 funding could only be for a further 3 years. Post 16 the young person has more say in their plan and may well decide to no longer attend education therefore it could be the case that the plan is ceased. However if a young person aged 16 or over is not in education or employment (NEET) then their EHC plan may be used to try to help the young person to engage further with training and education. As with current statements of SEN the child or young person must continue to have special educational need that require resources outside of those usually available for and Education, Health and Care plan to continue to be maintained.

What happens if a child or young person has special educational needs but is not eligible for an Education, Health and Care plan?

There will continue to be additional help and support for children/young people in education without a Statement of SEN or Education, Health and Care plan through SEN support. SEN Support will be the support available in school for children and young people who have special educational needs but do not have Education, Health and Care plans. Additional SEN support is support to meet a pupil/student’s needs so that they can meet their individual goals.

The majority of children with special educational needs are taught, and have their needs met, in a mainstream school. However, some children will require a more specialised setting.

Every school has a Special Educational Needs Co-ordinator (SENCO) who works closely with parents, teachers, support staff and other agencies to ensure that children and young people with SEN receive appropriate support and high quality teaching. The SENCO is usually the first point of contact for parents and young people who have questions about special educational needs and the support available. To find out who the SENCO is, contact the educational setting directly.

All educational settings are required to make arrangements to support children with additional needs. Information about these arrangements and how pupils with special educational needs are supported should be on their website. You can find links to each settings website by visiting the Bexley offer home page and clicking the Education and Learning button.

Children and young people who are eligible for Social Care or continuing care services will continue to be, even if they are not eligible for an EHC plan.

Who can I talk to or contact for advice and support with Education, Health and Care planning?

Often the Special Educational Needs Co-ordinator (SENco) at your child/young person’s educational setting is the first point of contact for parents and young peoples who need advice about SEN. The SENCO will know your child/young person and will be able to talk to you about their learning, the progress they are making, their strengths, their needs, the support they require and how to request further support and assessments. To find out who the SENCO is, contact the educational setting directly.

However, if you would like to speak to someone other than a SENco about Education, Health and Care planning, or SEN in general, there are a number of people and organisations that can help including;

The SEND Statutory Assessment Team – This team over see the statutory assessment process and work with parents, carers, professionals and educational setting to develop Education, Health and Care Plans.

The Information and Advice Support Service (formally parent partnership) – This service offers advice about SEN, statutory assessment, Education, Health and Care Plans and legal advice. This service is independent of the Local Authority.

Bexley Voice – A member of the national network of parent carer forums, Bexley voice are a voluntary group of Bexley borough parents of children with special or additional needs. Bexley voice provide a wealth of information and advice for parent, signposting them to services and ensuring that the views of parents are represented and heard.

A professional who support you or your child – This may include a speech and Language Teacher, an Occupational therapist, an Educational Psychologist, your GP, a Social Worker, a health visitor or anyone else who provides advice about education, health and care services.