SEN Statutory Panel Arrangements

SEN Statutory Panel Arrangements

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Search Keyword(s): / SEN Statutory Panel Arrangements
Service Group: / Special Educational Needs
Contact Details: / Alison Trott
SEN Statutory Services Manager

01823 355847

Produced by the Children and Young People's Directorate of Somerset County Council

Whilst Somerset County Council makes every effort to ensure accuracy of content, it cannot accept liability for claim, loss or damage howsoever arising from the reliance on or use of this information.

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September 2009

These arrangements have been reviewed and amended in January 2014.

Please see attached sheets.

SPECIAL EDUCATIONAL NEEDS

SEN STATUTORY PANEL ARRANGEMENTS

GUIDANCE NOTES TO EXPLAIN ITS PURPOSE,

REMIT AND ROLE FOR ATTENDEES.

All panel members to have due regard to:

1996 Education Act to be replaced by Children and Families Act 2014

SEN Code of Practice 2001 (and all related guidance and Statutory Instruments) to be replaced by SEN code of Practice 2014

SEN Code of Practice Toolkit as part of 2001 Code of Practice

Somerset SEN Framework September 2013

Provision arrangements across the County

CONTENTS

·  Attendees

·  Briefing

·  Annex 1 SEN Statutory Panel Arrangements

·  Annex 2 Roles and Responsibilities

·  Annex 3 Agenda/References

·  Annex 4 Relationship between SEN Statutory Panel and Permanently Excluded and Vulnerable Panel

·  Annex 5 The Placement Panel (Stage 2 of decision-making process)

Attendees (From January 2014):

SEN Statutory Services and Transition Manager (Chair)

SEN Casework Service Manager

SEN Casework Officers

Assistant Casework Officer (Clerk)

EPS Team Representative

SEN Support Service Representative

Headteacher Representatives (SAHSP, SAPHTO, SASH) and or deputies

Alternative Provision Centre (SENCO or manager)

SENCO representative (SENCO/Officers Group)

16 to 25 Commissioning Officer as appropriate

(Other attendees as agreed only through the Chair)

Children’s Social Care manager (as advised)

SEN STATUTORY PANEL ARRANGEMENTS

Introduction: Briefing Note for Attendees:

1. SEN Statutory Panel supports and advises the Local Authority in making decisions relating to the 1996 Education Act and the SEN Code of Practice. It relates directly to statutory functions and arrangements (Chapters 7 and 8 of the SEN Code). Current statute and statutory guidance will be replaced in line with the Children and Families Act 2014 leading to and as from September 2014.

Each member is an equal participant, whose evidence based views are equally valued and considered.

The decision making process of the Local Authority occurs through robust and objective consideration of clear evidence supported by advice from the Panel. The Panel does not offer a case conference function. Part of the evidence it reviews needs to be the outcomes of such multiagency discussions. Cases with insufficient evidence will be deferred.

The Somerset SEN Framework sets out the guidance criteria for carrying out a statutory assessment and writing a Statement alongside the SEN Code of Practice.

No late or verbal cases can be raised at the panel but must go through the above process and be prioritised through the relevant Casework Officer, as the single point of contact.

If members want to see the papers prior to the meeting they should make the request in good time on the understanding that casework officers may not have yet written the summary front sheet.

The Panel itself will meet promptly at 1.00 pm.

2. Decisions are made in relation to:

·  requests for initiation of statutory SEN Assessments;

·  deciding whether to issue a Statement of SEN/Note in Lieu, (Education, Health and Care Plan EHC Plan as from September 2014)

·  monitoring the process of statements / EHC Plans as they are finalised

·  deciding on contents of Statements of SEN / EHC Plans;

·  Special Educational Needs and Disability Tribunal issues;

·  SEN provision arrangements:

- move in/out of County for pupils with Statement / EHC Plan

- outcomes of SEN Annual Review for those with statements / EHC Plan;

·  all other related SEN Code of Practice issues.

·  The Panel tracks children/young people with Statements/ EHC Plans missing from education. Individuals remain on the Panel agenda until a suitable provision is secured or another LA takes responsibility.

3. Where the SEN Statutory panel is not able to recommend a maintained school placement (or alternative maintained placement) to be named in Part 4 of a Statement of SEN, / EHC Plan, it refers the decision to Stage 2 of the Local Authority decision-making process. (Annex 5)

4. The agenda structure is set out in Annex 1.

5. Respective roles and responsibilities of attendees are set out in Annex 2 and apply to all Panel members.

6. All details/papers circulated and discussed in the Panel remain confidential to the meeting.

7. Minutes are not taken but a record of all decisions and other recommendations are made and circulated to attendees. Where appropriate, decisions are referenced to either the 1996 Education Act or the Code of Practice 2001 (from September 2014 the Children and Families Act and associated Code of Practice and regulations).

ANNEX 1

SEN STATUTORY PANEL MEETING ARRANGEMENTS

The full panel meets at County Hall, Taunton every Tuesday (1.00 pm – 5.30 pm) except for part of school holiday periods. There will be either three or four meetings over the Summer break, one at Easter and all half term breaks.

NB: Agenda (which includes venue) circulated to all attendees in the preceding week.

All administrative arrangements are managed through the Assistant Case Worker (ACWO). Service Managers are requested to advise the ACWO of any changes in representatives.

Timetable

12.50 pm - 1.00 pm Panel attendees arrive (refreshments available) for a prompt 1.00 pm start.

1.00 pm - 1.05 pm Chair welcomes visitors.

1.05 pm onwards The order for the Complex Panel will be as follows:

The agenda will follow through Sections 1 - 13 (see Annex 3) unless alternative arrangements have been agreed in advance with the Chair.

Each case for consideration will be presented by the Caseworker to set out key background details, eg, name, age, address, school/provision, status (CiC), current resources/supports provided, key factors that the panel should know. This will be summarised on a standard sheet to introduce the case. The evidence base (reports collected during the statutory assessment, review, etc) will be circulated amongst the panel. In this way the Caseworker provides the background with attendees scrutinising the evidence in open forum.

2.45 pm – 3.00 pm Break and refreshments.

3.00 pm Panel reconvenes through to closure of cases.

5.30 pm Panel ends.

NB: 1. Notes of decisions are circulated via email to attendees, two days after the panel and are formally actioned by the Casework Team.

2. There should be no public disclosure of a decision made at the panel other than through the Casework Officer unless agreed otherwise at the Panel.

3. All paperwork to be retained by the Casework Team.

4. Whenever a case is discussed linked to the school of an attending head teacher/ SENCo, the head teacher / SENCo may wish to withdraw from the panel for that case, remain in the meeting but take no part in discussion or contribute having declared their interest.

5. Children’s Social Care (CSC) representative are invited to attend Panel. Cases concerning a child in care to Somerset or other LA, will be discussed at all meetings unless cases specifically require CSC attendance. The casework officer with responsibility for children in care will liaise with children social care as appropriate to ensure relevant information is presented to panel.

ANNEX 2

SEN STATUTORY PANEL - ROLES AND RESPONSIBILITIES

OF ATTENDEES

In order for the panel to provide objective and evidence based advice to the Local Authority, each member of the panel should be aware of respective roles and responsibilities and ground rules. This is particularly important in the event of weekly changes in personnel. It is presumed that each member of the panel will contribute to the analysis of the evidence against criteria and policy and participate in problem-solving (solution finding) around pupil needs and provision. Where an attendee has particular personal knowledge of the child, the views expressed must be based on the written evidence available. Attendees in this position have the option not to engage in the discussion or to be guided by the chair having declared their interest. All participants bring unique professional perspectives and have an equal role in giving evidence based objective views. Only those tasks which seem specific to a particular role have been highlighted.

Chairperson

(Designated LA decision-maker)

·  is knowledgeable of the county and national policy and criteria underpinning decisions of the SEN Statutory Panel;

·  encourages discussion of issues but sets appropriate parameters;

·  maintains pace and clarity of purpose of discussions;

·  encourages reference to available evidence and discourages anecdotal discussions;

·  plans the meeting to fairly incorporate the balance of cases on the agenda and priorities of panel members;

·  schedules a refreshment break;

·  makes the formal decision for each and every case, including referrals to Stage 2 of the decision-making process, the Placement Panel;

·  checks that minutes are recorded accurately and in sufficient detail so that other people can action them;

·  supports the collation of data to check for trends (inter-area/referral type, etc);

·  feeds back any blocks, gaps in provision, policy issues into Vulnerable Learners Management Group;

·  signs off notes of every meeting before circulation.

SEN Casework Manager

·  may deputise as chair of the panel;

·  decides how to deploy casework team in order to carry out functions of the SEN Statutory Panel including admin support;

·  oversees data collection from SEN Statutory Panel, to provide feedback to Vulnerable Learners Leadership;

·  refers the SEN Statutory Panel to statutory/legal issues as necessary;

·  is a consistent member of panel and can make reference to knowledge and experience from other meetings attended;

·  collates and disseminates provision type and vacancies information for reference at the SEN Statutory Panel;

·  ensures that systems/processes are in accordance with statutory duties as defined in related guidance;

·  advises the panel as to current resource allocations, eg, High Needs Funding.

Casework Officer (SEN)

·  is the single point of contact for all agenda items and referrals;

·  requests information from schools, compiles it and prepares case for consideration (with support from Admin team);

·  is familiar with the evidence base so that it can be referred to in the discussions;

·  makes reference to evidence of Additional Needs and High Needs Funding arrangements;

·  guides the panel members through the background to the case, supported by a comprehensive summary sheet;

·  follows-up any requests for further information (with support from Admin team);

·  highlights to the panel the stated parent and child views.

Educational Psychologist

·  Essential to be in attendance for consideration of requests for assessment and whether to issue a Statement of SEN or a Note in Lieu of a Statement / EHC Plan;

·  Supports panel in understanding of particular assessment data and of educational psychology advice

Head Teacher Representative

·  Acts as a link to SASH, SAPHTO or SAHSP;

·  Provides perspective of schools to the case under discussion.

Administrative Support (Assistant Casework Officer)

·  prepares the agenda, organise the venue and circulates details and arranges refreshments;

·  checks understanding of agreed action with chair if required.

SEN Alternative Provision Centre (APC)

·  Provides information about progress of children under statutory process referred to the APC;

·  Provides information to panel about the service.

Other Panel Members

·  participate in discussions and brings professional experience and knowledge from own area;

·  remind the SEN Statutory Panel of issue of policy/practice and funding from own sector that are relevant;

·  are in a position to action initiatives agreed at panel if required;

·  provide a link between own service and SEN Statutory Panel so that there is greater understanding of the scope and nature of the process;

·  feed back any issues pertinent to service delivery/policy in own sector.

Visitors

Panel may receive a request for attendance through the appropriate manager for a colleague to attend for their professional development. If agreed, then:

·  the panel member or manager is responsible for briefing the attendee on the role of the panel beforehand and debriefing them afterwards;

·  visitors are encouraged to contribute to discussion from their professional perspective.

ANNEX 3

The descriptions below set out the various sections which are included in the SEN Statutory Panel Agenda. (All references are to SEN Code of Practice 2001 / 2014. The final SEN Code of Practice has not been published at the time of writing so only the 2001 code is referenced below):

1. Requests for Assessment. (Paragraphs 7.55 to 7.67)

2a. Statement/Note in Lieu Decisions. (Paragraphs 7.86 - 7.90 and Paragraphs 8.13 - 8.15)

2b. Consideration (as required) of all current draft Statements. (Paragraphs 8.105 - 8.110)

3a. SEN Tribunals expected (Reference Education Act 1996 Failure to assess ss329, 329A, Refusal to make a Statement ss325, Contents of a Statement ss326, Placement Schedule 27 and Section 9, Cease to maintain, Para 11, Schedule 27.)

3b. SEN Tribunals logged. (Reference Education Act 1996 Failure to assess ss329, 329A, Refusal to make a Statement ss325, Contents of a Statement ss326, Placement Schedule 27 and Section 9, Cease to maintain, Para 11, Schedule 27.)

3c. Actioning orders of tribunals (ref Tribunal Service Guidance)

4. Placement Decisions. (Paragraphs 8.58 - 8.104)

5. Transfers into County. (Paragraphs 8.113 - 8.115)

6. Resource Decisions.

7. Moves out of County. (8.113 -8.115)

8. Joint funding

9. Miscellaneous.

10A. Pupils Missing from Education

10B. No provision

11. Cease to Maintain

12. Transport issues

13. Non statemented children (eg POMS)

Good News.

ANNEX 4

Note on the relationship between SEN Statutory Panel (and the Area Permanent Exclusion and Vulnerable Pupils Panels (PEVP)

Introduction

Function / SEN Statutory Panel / Permanent Exclusion and Vulnerable Pupils Panel /
Statutory / Advises the Local Authority on all statutory decisions set out in the SEN Code of Practice - beginning with statutory assessment, deciding to write a Statement or Note in Lieu / EHC Plan and school placement. / No statutory decisions.
Placements within Schools / Identifies the school to be named in the Final Statement / EHC Plan following statutory assessment. Schools are consulted before decision is made (Schedule 27); and parental preference is very important in identifying school placement (para 8.62 SEN C of P)
The final decision is then binding on the school governors. NB there is the possibility that the law with regard to statutory SEN may conflict with and over ride the Fair Access Protocol. / Placement decisions made within the agreed Fair Access Protocol, including equitable share arrangements.
Placement within
a)  PRU
b)  Alternative Provision / a) Panel will consult with area PEVP on placement before making a final decision to name PRU in tteh Statement / EHC Plan.
b) Referral to APC can be made by SEN Statutory Panel. High Needs Funding to follow the child. / Area PEVP make this decision in line with Fair Access protocol.
Funding Arrangements / Panel may decide to allocate High Needs Funding dependent on identified need, and will also set end dates, and date for next application for funding. / For permanently excluded pupils, available funding is:
·  PRG of £2,500.
·  Pro rata AWPU.
·  Pro rata of remaining High Needs funding.
Transport / Panel will consider transport implications of placements against current SEN Transport policy, agreeing transport as necessary. / Note transport implications of decisions.
Quality Assurance / Strategic Manager for Vulnerable Learners quality assures SEN Statutory Panel process through weekly scrutiny of decisions and six monthly monitoring of attendance at panel. / Strategic Manager for Vulnerable Learners has overall quality control, but Service Manager for Admissions and Entitlements quality assures area PEVP meetings through chairing all panels.
Legislative Background / 1996 Education Act
SEN Code of Practice 2001
Disability Discrimination Act 1995 (as amended by the SEN and Disability Act 2001 & Equalities Act 2010).
From September 2014; Children and Families Act 2014 and associated regulations and Code of Practice / 1996 Education Act
SEN Code of Practice 2001/ Children and Families Act 2014.
Equality Act 2010.
DCSF Hard to Place Guidance 2004
DCSF School Admissions Code 2007, including Fair Access Protocol
Somerset Guidance (Documents available on the EIS website) / SEN Statutory Panel
Arrangements (amended January 2014)
Somerset SEN Framework (September 2013) / Somerset Fair Access Protocol on the admission of excluded and vulnerable pupils (September 2008)