Young Person Becomes Known to the YOS for the First Time

Education and Health Care Planning Process & Information Sharing Process between Special Educational Needs and the Youth Offending Service

This document is a guide to how the Special Educational Needs (SEN) and Youth Offending Service (YOS) communicate with respect to young people jointly known to both services. It outlines the processes where the young person is either in the community or specifically where young people with SEN are subject to Youth Detention Accommodation (YDA), where it is well documented there have been serious shortcomings in educational provision adding to the vulnerability to those with SEN in such establishments and impacting significantly on their life chances post release. It makes reference to responsibilities laid out in the Special Education Needs and Disability Codes of Practice. The full guidance can be found at the following link:

Young Person becomes known to the YOS for the first time

There are different routes a young person can enter the Youth Offending Service, either through Early Intervention/Out Of Court Disposal routes or via the Court. In all cases an assessment will be undertaken by the YOS to determine their needs, identify specific risks of harm to self or others and from this assessment identify specific interventions to address these areas. An integral part of this assessment will be establishing if they have SEN and if so whether they have an EHCP. There is clear evidence nationally indicating that young people with SEN are over represented in the Criminal Justice Sector and that inadequate provision for their individual needs can frequently lead to behaviours becoming criminalised. The clear objective of this protocol is to ensure that the needs of such young people are identified at the earliest opportunity to ensure that their needs are met and that further criminalisation or the risk or further offending, or of harm to self or others is minimised.

A)In the Community(See Flow Chart A)

1. When a young person is referred to the Youth Offending Service, contact will be made with their education provider to establish their SEN status as part of the YOS assessment process by the Case Manager. Where there is an SEN or EHCP in place, the YOS will request a copy of that assessment from the education provider to inform our own assessment and interventions and will confirm the YOS role with the SEN Team via the YOS Notification form.

2. When the Special Educational Needs team begin an Education Health Care Plan (EHCP) Assessment they will cc acknowledgement letters to YOS (Education Coordinator/YOS Case Manager).As far as practicable, during the time the YOS is working with the young person, intervention plans need to be coordinated across all involved agencies and where appropriate review meetings should be attended by all agencies to ensure effective joint working.

3. Where the YOS is working with a young person and their assessment indicates learning needs that are not currently being managed via an SEN or EHCP. The YOS in first instance will discuss this with the educational provider to determine whether an EHCP has been considered or is appropriate. Consensus as to the need for an EHCP Assessment should be sought and where it is agreed that this would be useful, it should be the educational provider to request such an assessment from the SEN Team. The family’s consent to such a process should be sought.

4. Where there is disagreement over whether such an assessment is required, this should be openly acknowledged. The YOS can, in such cases where agreement has not been found, request such an assessment using the third party ECHP Request Assessment Form. (Appendix 3) The final decision as to whether a full assessment is required will lie with the SEN Team following their own initial assessment. Again the family’s consent for such a process should be sought

5.The SEN Teamwill make the decision whether or not to assess within 6 weeks of receiving the request. The SEN Team will advise the young person, parent/carer and referring (and contributing) agencies of the decision. If the decision is not to assess, parent/YP has right of appeal and other agencies will not notified of this and can contribute in this process.

B) In Youth Custody (under 18) (See Flow Chart B)

Where a young person with an EHCP is made subject to Youth Detention Accommodation the following processes should apply:-

1. YOS Case Manager/Education Coordinator retrieves EHCP/Appendices from Livelink and informs SEN Team of young person’s situation within 5 working days of court outcome where applicable. Where YOS does not have copy of ECHP, SEN must send copy to YOS within 5 working days of being informed of court outcome.

2. YOS Case Manager/Education Coordinator sends EHCP and copy of Appendix 1 to Custodial Establishment within 5 working days of being informed of court outcome.

3. On entering custody the young person has an assessment of literacy and numeracy. The YOS will have provided information to the custodial establishment via the AssetPlus. They will also provide copies of the EHCP and appendices and Annual Review if applicable to the custodial establishment as detailed above in 1.

4. The custodial establishment education provider is required to meet needs and refer for specialist support where needed. The SEN Team is required to monitor education while in custody (work with custodial establishment, YOS and education provider). YOS Case Manager/Education Coordinator to alert SEN Team if there’s a problem. SEN Team is primarily responsible for resolving any such difficulties.

5. Health assessment on entry to custody should refer to EHCP. NHS England to provide HCP

Requesting EHC needs assessment for detained young person

1. The custodial establishment can request an EHCP and have their own process for doing so. Other agencies including YOS can bring to SEN Team’s attention (need YP to be aware and in agreement where possible) via third party EHCP Request form (Appendix 3)

2. SEN Team will notify parent/YP, custodial establishment, Clinical Commissioning Group (CCG), National Health Service (NHS) England, Social Care, and Head teacher if registered at education setting and YOS of request for EHC Needs Assessment.

3. SEN Team will make this decision whether or not to assess within 6 weeks of receiving the request. SEN Team will advise all detailed in point 2 above of decision. If decision is not to assess, parent/YP has right of appeal and referring or contributing agencies can contribute in this process.

Assessment of detained young person

1. SEN Team requests information from involved agencies, including YOS (Appendix 2)

2.Professionals, including YOS (YOS Case Manager/ Education Coordinator), have a maximum of 6 weeks from date of LA SEN Team requesting advice to submit completed appendix.

3. By week 16 SEN Team must notify if not issuing EHCP and advice of right of appeal. If EHCP issued, young person has 15 days from receipt of plan to respond and request a review of provision identified and has a right to request a meeting with SEN Team to do this.

4.The whole process will be completed within 20 wks. The NHS England will need to provide advice and information with respect to meeting health care needs whilst the young person is detained and the Clinical Commissioning Group is responsible for ensuring that needs on release are identified and providing for these needs upon release of the young person. If the young person is released during assessment the NHS England should continue with their assessment.

Finalising an EHCP

1. SEN Team must send copy of EHCP to parent or young person, YOS, school named and Clinical Commissioning Group. If young person is detained, they will also send to NHS England and the youth accommodation facility.

2. If finalised whilst detained, provision must be arranged. Upon release this must be reviewed as soon as possible

Arranging provision for young people with EHCP before detention

1. Appropriate provision must be maintained and if such needs are not being met within the custodial establishment it is for the SEN Team to ensure such needs are met.

2. If SEN Team feels provision in EHCP is no longer appropriate they should put in place appropriate provision and seek advice from YOS, education provider, young person and custodial establishment to review needs. Following release a reassessment may be carried out.

3. SEN Team decisions will be recorded and shared with parent / young person YOS and school.

4. Annual Reviews must take place when due. SEN Team can request the custodial establishment convenes the Annual Review.

5. Provision in custody is centrally funded.

Education on Release

1. SEN Team and YOS to review educationalprogress throughout and particularly prior to release.

2. YOS to notify SEN Team as soon as the release date is known. YOS Case Manager / Education Coordinator to facilitate planning meeting prior to release. (YOS would invite SEN Officer to attend all initial and review planning meetings.

3. If EHCP issued in custody – Where an EHC plan has been issued while the detained person is still in custody the local authority must keep the EHCP while they remain in custody and arrange the provision in the plan. Such custodial provision should provide a smooth transition to post release community educational provision where appropriate.

4. If assessments are undertaken but not completed by the time the young person is released, completion timescales of 20 weeks still apply.

Appeal

Where a decision is made by the SEN Team, not to undertake an EHC assessment, not to issue an EHCP or the young person is unhappy with the planned education placement proposed in the plan on release, the young person can appeal but would be expected to go for mediation first. If the young person is in custody and cannot be released for this the custodial establishment must support mediation if requested.

Transition from Youth to Adult custody (National Probation Service)

1. Youth Custodial establishment to send all SEN information to Adult establishment by Y2A(Youth to Adult portal) prior to transfer. YOS Education Coordinator to ensure all SEN information is transferred to Probation Officer.

2. LA SEN Team to maintain the EHCP and review if young adult plans to stay in education on release.

3. Offenders Learning & Skills Service & National Careers Service to liaise with NPS to ensure LA SEN Team can review EHCP.

4. The SEN duties in the Children and Families Act 2014 no longer apply once a young person is transferred to the adult secure estate however local authority SEN Teams must ensure that provision is maintained during any gap between child and adult provision and can decide to continue to provide child services beyond 18years where it is deemed appropriate to do so.

Flow Charts pertaining to process for young people in the community and Youth Detention Accommodation are attached to end of Appendices

Appendix 1

Notification of Young Person with EHCP (or currently being assessed) subject to Youth Detention Accommodation

The Young Person below has been has been remanded/sentenced (delete where appropriate) to Youth Detention Accommodation

Young Person’s Name: …………………………………………………………

D.O.B: ……………………………………..

Parent/Carer: ……………………………………………………………………

Young Person’s Address in the community: ……………………………………..

Tel: ……………………………

Previous Education Establishment: …………………………………………………..

YOS Officers/YOS Ed. Co- coordinators Name:…………………………………………

Custodial Establishment Name: ……………………………………………

Custodial Establishment Address: ……………………………………………………..

Custodial Establishment Telephone Number: …………………………..

Sentence Length: ………………………………

Release Date: ……………………………………..

Please send this form within 24 hours of Detention of the Young Person tomailto:

Appendix 2 (Form F)

BUCKINGHAMSHIRE COUNTY COUNCIL

ACCESS & INCLUSION

THIS ADVICE IS THE RESPONSIBLITY OF THE______(Agency Responding)

IF AN EHC PLAN IS ISSUED AS A RESULT OF THIS EHC NEEDS ASSESSMENT THE INFORMATION ON THIS FORM WILL BE COPIED AS AN APPENDIX AND WILL BE MADE AVAILABLE TO THE PARENT/ CARER, CHILD/YOUNG PERSON, ALL CONTRIBUTING PROFESSIONALS AND, IN THE EVENT OF AN APPEAL, TO THE SPECIAL EDUCATIONAL NEEDS & DISABILITY TRIBUNAL

CHILD
SURNAME / OTHER NAMES
DATE OF BIRTH / SEX
HOME ADDRESS / RELIGION
HOME LANGUAGE
SCHOOL
CHILD/YOUNG PERSON’S PARENT OR GUARDIAN
SURNAME / OTHER NAMES
HOME ADDRESS / RELATIONSHIP TO CHILD

Please only comment on areas about which you have relevant expertise/qualifications.

Focus should be towards achieving desired outcomes and the child/young person’s responses to interventions as well as significant learning difficulties and strengths/capabilities should be summarised under the following headings, where appropriate:

Cognitive Functioning (inc. any perceptual difficulties)

Educational Attainments

Approaches to Learning (inc. attitude, motivation and concentration)

Social and Emotional

Communication (inc. speech and language)

Movement (inc. fine and gross motor skills)

Physical and Medical

Sensory (hearing/vision)

Any other relevant information

The outcomes sought for the child / The special educational provision required by the child
What help do I need to achieve this? / Who will do it? / When will it happen?

NAME

ROLE

SIGNATURE

DATE

(PLEASE (PLEASE PRINT IN CAPITALS)

On completion, please return this form to:

SEN Team, Access & Inclusion, 1st Floor, County Hall, Aylesbury, HP20 1UZ, fax 01296382007,

Appendix 3

Referral form for EHC Assessment

(For agencies other than Educational Providers)

This form should be used be used by all agencies working with a young person, (other than the education provider who have an agreed process in place), whose own assessment of the young person identifies specific learning difficulties which indicate that the young person may require an EHC assessment. There should in all instances be prior discussion with the current educational provider with regard to this to ascertain if these needs are assessed as currently being met and in most cases it is anticipated that if indeed they are not being met, that the educational provider should refer as per normal processes. This form should only be used where there is not consensus with regard to current provision and an assessment is felt necessary. As in all such instances, the views of the young person and the parent/carer should be sought and their consent to such a referral given. It should be made known to the young person/parent/carer that such a referral does not mean that an EHC Assessment will be undertaken but it will be considered and they do have a right to request such an assessment themselves, be involved in any such assessment and/or appeal any such decision or plan.

Referred by Name and Agency: …………………………………………

Contact details (Tel/email address)………………………………………….

Has the consent of the young person/ carer been given for this referral YES/NO

If yes please give date of consent and whether verbal or written. If no please consider getting such consent before this referral or explain why this is not possible/appropriate.

Name of young person: ………………………………………

Age / D.O.B: …………………………………….

Address: ………………………………………………………………………………

……………………………………………………………………………..

Name of Parent Carer: ……………………………………………….

Address: …………………………………………………………………………………

…………………………………………………………………………………..

Telephone: ……………………………….

Please outline your Agency’s concerns regarding Education Needs and current provision

Details of current Educational Provider: ……………………………………………….

………………………………………………………………………………………………….

Name (School/ College): ………………………………………………………..

Address/ Telephone: ………………………………………………………………………

…………………………………………………………………………………………………

Please confirm date of discussion with Educational Provider ____/____/____

Please outline where there is disagreement between your agency and the Educational Provider as to the needs of the young person or the current provision to meet them. Please note that all views will be sought by the SEN Team with regard in the pre assessment stage.

YOSSEN PROCESS FOR YP SUBJECT TO COMMUNITY ORDER(FLOWCHART A)

EHCP in place

YOS SEN PROCESS FOR YOUNG PEOPLE SUBJECT TO YOUTH DETENTION ACCOMMODATION (YDA)(FLOW CHART B)

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