Changes to SEND Explained
Education, Health & Care (EHC) Plan, Conversions, Personal Budgets and Young People in Custody Explained
What is an Education, Health & Care (EHC) Plan
What is an Education, Health & Care Plan?
- It is a person-centred plan that puts you (children, young people and families) at the centre of the assessment and planning process making sure your views are heard and understood to increase your choice and control
- Young people and families worked with us to co-produce the design of the plan
- From September 2014 all Halton children and young people who have significant special educational needs and meet specific criteria within a graduated response, may undergo an Education Health and Care (EHC) Assessment, which could lead to an EHC Plan.
- An EHC plan replaces the Statements of SEN and Learning Disability Assessments, it is a personalised plan to meet the needs and outcomes for each child or young person. Including what they think is important and what they want to achieve now and the future.
The EHC Plan:
- will be clear about how much things cost and have agreed timescales to make sure that it is updated
- will be reviewed annually by the school/setting and the process is described under the heading EHC Assessment Process, Annual Reviews, Personal Budgets and Young People in Custody, you’ll see a drop-down box below titled ‘Annual Review – EHC Plans & SEN Statements’
- might go with your child or the young person if they change services or schools and when they leave school to go to college, work-related training or an apprenticeship
- will cease when the education or training outcomes detailed in the Education, Health and Care Plan have been achieved
- will not put children and young people at a disadvantage, it will meet the statutory obligations required under current legislation, including a right of appeal
Who is it for?
Who is it for?
Children and young people aged 0-25 years who have complex and severe special educational needs and disabilities where an assessment of education, health and social care needs has been agreed by a multi-agency group of professionals
Guidance says EHC plan should be issued when the local authority considers the special educational needs of the child cannot be reasonably provided by a mainstream early years provider, school and/or post 16 institution
Decision Making Toolkit
This Council for Disabled Children have produced a decision making toolkit as a practical guide to support social workers, health professionals, school,college staff, parents/carers, families and anyone working directly with children and young people with special educational needs and disabilities (SEND).
It is designed to be used in partnership with young people to support them to make their own decisions and to participate as fully as possible in decisions made on their behalf.
A template is included for use with those young person that lack capacity to help professionals to go through a best interests decision making process based on the best interests checklist in the Mental Capacity Act 2005 code of practice.
This was a 2-day workshop which the local authority hosted to allow several young people, their families and the different multi-agency professionals involved in the process to come together and review the EHC Plans.
The Video Clip below was produced from the day by the young people involved
Transfer (Conversion) from SEN Statements to an EHC Plan?
Existing SEN Statements will continue to be reviewed annually by the school/setting until the Transfer/Conversion process has been completed.
Forms for the school/setting to complete for the Annual Review can be found below under the heading EHC Assessment Process, Annual Reviews, Personal Budgets and Young People in Custody, you’ll see a drop-down box below titled ‘Annual Review – EHC Plans & SEN Statements ’
Before the Transfer/Conversion takes place a Transfer Review will be completed.
We will agree with the child or young person and their parents when this takes place which will happen over a proposed three year period, details can be found in the Transition Plan and updated annually
EHC Plans and SEN Statements Compared
EHC Assessments and Plans
- EHC Assessment looks at the child or young person’s needs in education, health and care
- Parents/carers have a key worker to help them, if they wish
- The key worker will help families to give their views of the child or young person’s needs and their hopes for the future
- Parents/Carers are involved in writing the EHC Plan with the education, health and care staff who have assessed the child or young person
- EHC Plans will be personalised – the child’s or young person’s individual needs in education, health and care will be considered and the provision required identified
- The resources that are available will be used flexibly to allow families to make some choices about the provision their child/young person receives
- A Personal Budget may be available to families to choose how to support the child or young person
- Parents/carers or the young person can express a preference for a particular school
- The time taken to produce an EHC Plan is 20 weeks
Statutory Assessment and Statements
- Statutory Assessment only considers the child or young person’s educational needs
- Parents/carers can give their views in writing
- Parents have the right to object to the Statement which is written by a Council Officer
- The statement considers educational needs and describes the provision required
- Resources are provided to school to make the required provision
- There are no personal budgets attached to statements
- Parents/carers or the young person can express a preference for a particular school
- The time taken to produce a Statement is 26 weeks
- Personalisation and Personal Budgets Policy August 2017
- Personal Budget Guidance
- Summary – Personal Budgets Parents and Young People’s Summary Dec ’15
- Making it Personal Family Guide
- Making it Personal resources & case studies
- TfSL – Young People’s Guide to Personal Budgets
- Personal Budgets Easy Read Guide
SEND Code of Practice Guidance for Professionals
Young People in Custody
Further supporting information is available from the Council for Disabled Children
What did you think about the EHC Plan Process?
POET - Personal Outcomes Evaluation Tool
Please find below the User Guide, online and hard-copy versions of the Questionnaires for your completion.
WORD & PDF – HARD COPY VERSIONS OF THE QUESTIONNAIRES
Assessment Process, Timescales & Panel Dates
EHC Plan Assessment Flowchart-Timetable
Assessment Process Explained
An Assessment Co-ordinator will work together with you and your child or the young person and the other people involved:
- to say what’s working, what’s not and what you think needs to change
- gather information from the other people involved
- arrange a meeting for you all to agree the outcomes and how you think they can best be met
- to make the right decisions for you as a family
The whole process takes a maximum of 20 weeks during this period all the people involved will meet to decide what support you might be eligible for which will help meet the agreed outcomes
PANEL Dates Enhanced Provision
Guides for Parents/Carers and Young People
Request Forms, Supplementary Information & Annual Reviews
Always email or telephone the SEND Service for advice before completing a request for an assessment Tel: 0151 511 7461
Supplementary Information - Parents
Information for Parents
- All About Me Parents-Carers
- On receipt of an EHC assessment, you will be contacted by an Assessment Co-ordinator to arrange a meeting to gain information required about your family life, obtain parent/carers views and the child/young person’s views about their educational needs
Supplementary Information - Schools/Setting
Annual Reviews - EHC Plans & SEN Statements
Existing SEN Statements and Education, Health and Care Plans must be reviewed by schools/setting annually.
- A process guide for EHC Plan Reviews is being developed and be available shortly.
- The following forms should be completed by the school/setting
Annual Review Forms
Existing SEN Statements – Annual Review Forms
Complaints, Mediation and Disagreement Resolution
What happens if the local authority decides that an EHC plan is not necessary?
If it is decided that an EHC plan is not necessary the local authority must give the reasons for its decision and inform the parents, young person, early years provider, school or post 16 institution currently attended and the health service.
This must take place within 16 weeks of the initial request or of the child or young person having been brought to the authority’s attention.
The local authority must also tell the parents or young person about:
- their right to appeal to the SENDIST Tribunal against the decision
- the appeal deadlines
- Halton SEND Partnership Information, Advice and Support
- details of the disagreement resolution services.
It is likely that the information gathered during the assessment will have identified how the school, college or other provider can meet the child or young person’s needs from within their available resources through an early years, school or college based support plan.
These factsheets aim to provide an overview of the processes involved if you are unhappy with the decisions that have been made.
Further information, advice or support is available through Halton SEND Partnership Information, Advice and support service for free confidential and impartial support 0151 511 7733 SENDpartnership@halton.gov.uk
These are most commonly made on behalf of a child or young person by their parent, carer or a representative. However, children and young people can make comments and complaints in their own right.
Special Educational Needs and Disability Appeals
School Exclusion Appeals
School Admissions Appeals
School Transport Appeals
KIDS SEND Mediation helps parents or young people resolve disagreements about Education, Health and Care (EHC) needs assessments and Plans, as well as other issues.
Parents and young people can use mediation before making an appeal to the SEND Tribunal. Mediation is very successful and means you may not have to go to Tribunal. But if you are not happy with the outcome of mediation, you can still make an appeal to the Tribunal.
What we do:
- All our work is free of charge. The service is for children and young people age 0 to 25 and their parents. Mediation is quick and informal and often helps resolve disagreements so that you do not have to go to Tribunal.
- We give Mediation Information and Advice (MIAS). We arrange Mediation and disagreement resolution between parents and the local authority, as well as the school or college. Health and Social Services can also be involved.
- Mediation meetings are usually face-to-face. The impartial mediator helps everybody prepare for the meeting and makes sure that everybody’s voice is heard. Mediation meetings take place somewhere near you and within 30 days of your request.
- At the end of the Mediation meeting, the mediator helps parties put their agreements in writing. The agreement is signed and a copy given to everybody. This forms a Contract between the parties.
KIDS have a big team of mediators who are very experienced and have nationally recognised mediator accreditations. They are all specialist SEND mediators.
KIDS Guidance, Forms & Information
- KIDS Leaflet Mediation-Disagreement Resolution Service
- KIDS Mediation Process
- KIDS Disagreement Types: Process explained for staff
- KIDS Easy Read Mediation-Dispute Resolution
- KIDS Pre-mediation Guidance for Parents
- KIDS Pre-mediation Guidance for Education Providers
- KIDS Pre-mediation Guidance LA & CCG
- KIDS Agree to Mediation Form LA & Parents Template (Jan 16)
- KIDS Parents Mediation Information Form (Blank) – July 16
- KIDS Mediation Evaluation Form
- KIDS Young People’s View & Comments Form
What is Independent Support?
An Independent Supporter provides time limited impartial information and support to families and young people with special educational needs who are going through the process of developing an Education, Health and Care (EHC) Plan.
Independent Support is available locally through:
- Halton SEND Partnership Information, Advice and Support and their Leaflet
- Edge Inc Partners (Inclusion) and their Leaflet
Independent Support provides time limited help to work with you throughout the assessment period for an EHC Plan.
Further information about Independent Support is available from the Council for Disabled Children