Education

Ordinarily Available Provision for Children and Young People with SEND

Ordinarily Available Inclusive Mainstream Practice

The Local Authority, Schools, and other key partners have worked together to produce a document, which sets out what provision should be made ordinarily available in mainstream schools for children and young people with additional needs. This is part of our graduated approach ensuring that needs are identified and met at the earliest opportunity allowing the majority of children and young people to continue to be educated in their local schools alongside their friends.

SEN Support

Every child with special educational needs should have SEN Support. This means help that is additional to or different from the support generally given to most of the children of the same age.

The purpose of SEN Support is to help children and young people achieve outcomes or learning objectives set for them by the school in conjunction with parents and the pupils themselves.

If you think your child has a special educational need that has not been identified by their school or nursery, you should talk to your child’s teacher, or ask to see the SENCO (this is the person in school who has particular responsibility for coordinating help for children with special educational needs) or Headteacher. You will be able to talk about your concerns and find out what the school thinks.

Working together with your child’s teachers will often help to sort out worries and problems. The closer you work with them, the more successful any help for your child can be.

All early years settings, schools, academies, and colleges are responsible for meeting special educational needs through teaching that is adapted and personalised for individual children. Some children will need support that is additional to or different from what is provided for most of its peers. This kind of help is called special educational provision and education settings must make every effort to ensure that this is in place for children who need it.

Identifying and Assessing Needs

The Graduated Approach

When a Special Educational Need has been identified the education setting should start a cycle of actions to make sure that they put effective support in place. The cycle is called the Graduated Approach and involves these stages:

• Assess
• Plan
• Do
• Review

There are lots of professionals that can help education providers to support children and young people and they should be involved through the graduated approach, depending on your child’s needs. For example, they might ask for help from a specialist teacher, an educational psychologist, a speech & language therapist, or other health professionals.

Schools are encouraged to develop a coordinated support plan to support children and young people who do not meet the threshold for an Education, Health and Care needs assessment.

Childcare

This information is relevant to all children and young people, not just those with additional needs.

Free nursery entitlement

Free Nursery Entitlement for 2 year olds

What is it?

Some 2 year old children are entitled to receive free nursery sessions. These can be taken in a school nursery who deliver a 2 year old provision or with an approved day nursery or childminder.

Free Nursery Entitlement for 3 and 4 year olds.

All three and four year old children are entitled to receive free nursery sessions. These can be taken in a school nursery or with an approved day nursery or childminder.

What is my child entitled to? (2, 3 and 4 year olds)

Your child is entitled to receive 570 hours free nursery education per year. This equates to a maximum of 15 hours per week for 38 weeks per year (term time only) or 11.5 hours over 50 weeks. You do not have to take up the full entitlement however you are encouraged to do so. 

Do I have to attend a session every day? (2, 3 and 4 year olds)

No, settings and schools have been required to offer the free nursery entitlement more flexibly. The offer of 570 hours can be stretched over a longer period of time but less hours per week will be available for free. For examples of how this may be taken please consult your provider or call Kim Rowntree on 01429 284881

When will my child become eligible for a free 2 year old place?

National guidelines dictate the following: 

A child born between:	Will be eligible for a free place from:
1st April – 31st August	The start of the autumn term following their 2nd or 3rd birthday until statutory school age (September)
1st Sept – 31st Dec	The start of the spring term following their 2nd or 3rd birthday until statutory school age (January)
1st Jan –  31st March	The start of the summer term following their 2nd or 3rd birthday until statutory school age (April)

Can my child attend more than one setting?

Yes, 2 settings can be used, however, we would encourage that your child stays with one provider as far as possible as it is important for the child to have consistency and stability.

How will the places be funded?

The places will be funded by the Local Authority with payment made directly to the provider. If your child takes less than 15 hours per week, the payment will be adjusted pro-rota. 

A parent is not expected to contribute towards the costs of their free entitlement, it should be free at the point of delivery. A child’s free entitlement however does not cover any additional services that the setting may offer e.g. extra hours or transport, you will need to speak with your provider to discuss any charges for this.

Will the nursery session(s) my child receives be of good quality?

Yes, providers offering the free nursery entitlement must be registered with Ofsted. Being registered means that the provider must comply with the requirements of The Department of Educations’ Code of Practice on the Provision of Free Nursery Education Places for Three and Four Year Olds. The provider will be subject to an inspection by OFSTED, the organisation which also inspects schools to make sure that the child is being educated appropriately. Local Authority staff work closely with settings to develop and enhance the learning environment and experience for your child.

How can I apply?

To apply for your child’s free nursery entitlement contact the school/nursery or childminder you are interested in your child attending. They will let you know if they are a registered provider and if so, when your child can take advantage of this entitlement. 

If you do not have a provider in mind, contact Kim Rowntree on 01429 284881 where a list of registered providers is available.

Please note that the free nursery entitlement is not a guarantee of placement with a particular provider, it is a guarantee that a free place will be available for your child in Hartlepool. 

The Local Authority will carry out checks as part of their remit to ensure that a child is not claiming more than their full entitlement.

For further information contact:

Kim Rowntree
Hartlepool Borough Council
CETL
Brierton Lane
Hartlepool
TS25 4AF

Direct Line: 01429 284881

Childcare Element of Working Tax Credit

Working Tax Credit is paid to people in work to top up low wages. This includes earnings from employment and earnings if you are self-employed.

• Working Tax Credit is being replaced by Universal Credit.
• You cannot get Working Tax Credit and Universal Credit at the same time.
• You must use an Ofsted registered Childcare provider such as Childminder, play scheme, nursery or school.

Eligibility for Childcare elements of Working Tax Credit

• If you are a single parent, you must work for a minimum of 16 hours a week
• If you are part of a couple, both of you must work a minimum of 16 hours a week each.
• You can receive up to 70% of your childcare costs covered up to £122.50 per week for one child attending a registered provider or £210 for two or more children.

Please visit www.childcarechoices.gov.uk to compare the support you may receive and to confirm which option you may be eligible for.

Further information

Childminders – Childminders

Before and After School Clubs – Before and After School Club

Nurseries – Nurseries

Playgroups – Playgroups

Provision

In this section, you will find information about education settings in Hartlepool. You can also find information about Attendance, School Admissions and Elective Home Education.

Need to ensure that we include info about provisions beyond Hartlepool

Elective Home Education

Visit Hartlepool Borough Council for more information

School Admissions

Visit Hartlepool Borough Council for more information

Schools

Could this link to a map of Hartlepool which shows all the nurseries, primary schools, secondary schools, Special Schools, PRU, College which when hovered over gives details of SENCO, school web address, etc?

Could the map be filterable to show schools with ARPs for example or all Primary schools? Linking to map in childcare could it flag if they offer breakfast/ out of school clubs?

How do we include schools in surrounding areas?

Mainstream Schools

Intro paragraph about expectations of all schools to meet needs

Hartlepool’s Ordinarily Available Inclusive Teaching Framework sets out what is expected from all schools. link

ARPs

A small number of mainstream schools in Hartlepool provide an Additional Resourced Provision (ARP) to support children and young people with their special educational needs.

An ARP can be a separate building within the school or it can be something as simple as a class with limited number of pupils and a higher staff ratio.

These places are commissioned by the local authority and places are allocated through the local authority SEND processes.

The schools with this provision are: please check

School	Age Range	Number of Places	Specialism/ Need Type	Comments
Eskdale Academy	KS1	10	SLCN	Pupils do not require an EHCP
Grange Primary School	Nursery-Y6	32	ASD / Communication and Interaction / PD	Pupils do not require an EHCP Increase in places (from 21-32) will be staggered until they reach capacity
Greatham C of E Primary School	Nursery-Y6	16	Complex SEN	New ARP – Increase in places (up to 16) will be staggered until reach capacity Pupils do not require an EHCP
Kingsley Primary School (R Nurture class, KS1 engagement base, KS1 Base, KS2 base) are all of these part of ARP?	Nursery-Y6	25       25	ASD / Communication and Interaction   Complex SEN	Pupils do not require an EHCP
Rossmere Academy Or is this a SEN Unit? (pg 38 Special educational needs survey)	Reception to Y6	6	SEMH	Pupils do not require an EHCP These are short-term placements and the child remains on their home school roll
St Helen’s Primary School Is nurture their ARP?	Nursery-Y6	20	ASD / Communication and Interaction	Pupils do not require an EHCP Places are being increased from 10-20
Manor Community Academy Can’t find a link to what the ARP is on website.	KS3 &KS4	21or 20?	ASD / Communication and Interaction	Pupils require an EHCP
High Tunstall College of Science	KS3 &KS4	45   20	MLD   ASD / Communication and Interaction	Pupils require an EHCP

Special Schools

Special Schools cater for students with special education needs. These may include learning disabilities or physical disabilities. Pupils at Special Schools have an Education, Health and Care Plan. In Hartlepool, we have three special schools: Springwell (Primary), Catcote (Secondary and Post 16), Hartlepool Free School (Upper KS2-KS4 SEMH)

Alternative Provision

Within Hartlepool, we are developing a 3 tier approach to Alternative Provision.

Tier 1: This is targeted support in mainstream schools. Through staff development and work with specific individual children, we aim to provide support at the earliest opportunity to enable pupils to remain or reintegrate into mainstream schools. Anything else?

Tier 2: This level of provision is currently in development. The intention is that it would provide short-term placements for specific groups of children and young people with the intention that following the placement they would return to their mainstream school.

Tier 3: This is offered through Horizon School (Pupil Referral Unit) and The Haven (Home and Hospital)

Pupil Referral Unit – Horizon School

Home & Hospital – The Haven

Independent Schools (Section 41)

Section 41 of the Children and Families Act 2014 allows the Secretary of State to publish a list of approved independent special schools and special post-16 institutions for the purpose of enabling child’s parents or a young person to request a particular school, college or other institution in their Education, Health and Care Plan. The list is published on GOV.UK https://www.gov.uk/government/publications/independent-special-schools-and-colleges

The Children and Families Act 2014 places specific duties upon institutions on the approved list: 

• institutions on the approved list must “have regard” to the SEN Code of Practice;
• institutions on the approved list have a reciprocal duty to co-operate with the local authority on arrangements for children and young people with SEN;
• local authorities’ published local offer must refer to the institutions on the approved list; 

The Act gives parents and young people the right to express a preference for independent specialist provision when their Education, Health and Care (EHC) plan is being agreed and completed. If a parent or young person requests that an approved independent special school or special post-16 institution be named in their EHC plan, the local authority is under a conditional duty to accept (unless it would be unsuitable for the age, ability, aptitude, or SEN of the child or young person, or the attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources). If named on an EHC plan, the independent special school or special post-16 institution must admit the pupil or student. This places approved independent special schools and special post-16 institutions on the same legal footing as maintained schools, academies, non-maintained special schools and FE colleges. 

Within Hartlepool, the following schools are on this list:

• Cambian Hartlepool School – Cambian Hartlepool School | SEMH Schools | Cambian Education  Provides up to 18 places for children and young people aged 10-18 (Upper KS2- KS5). Specifically those with SEMH needs.
• Catcote Futures – Catcote Futures | Hartlepool Provides xx places for young people post-16.

There is also another independent special school in Hartlepool but it is not on the approved Section 41 list.

• Wrenfield Learning Centre – Wrenfield Learning Centre – Witherslack Group Provides residential provision for girls aged 7-18 (KS2-KS5) who have experienced trauma.

Post 16 Colleges and Universities

Visit Hartlepool Now for more information -this search on Hartlepool Now brings up things which, are not Colleges!

Catcote Sixth Form College is part of Catcote Academy. Those students with profound and multiple learning difficulties (PMLD) and complex learning difficulties and disabilities (CLDD) are educated at Catcote Academy, main site. We have an offsite provision situated on Brierton Lane, Hartlepool which caters for our moderate and severe learning difficulties (MLD and SLD). We also have a small cohort of MLD students who are based in our training room above Catcote Metro (a shop in Hartlepool shopping centre). These students are working towards supported internships and employment.

The focus of the sixth form curriculum is around the 4 themes within Preparation for Adulthood (PfA):

• Employment
• Independent Living
• Friends, Relationships and Community
• Good Health

Hartlepool College of Further Education: Hartlepool Now :: Support Finder / Hartlepool College of Further Education

Stockton Riverside College: Hartlepool Now :: Support Finder / Adult Education at Stockton Riverside College

The following secondary schools in Hartlepool have 6^th form provision: Dyke House Sports and Technology College, English Martyrs Catholic School and Sixth Form College

There are other options for Post 16 education and training including Supported Internships, Traineeship and Apprenticeships

16-19 Bursary Information

Overview

You could get a bursary to help with education-related costs if you’re aged 16 to 19 and: 

• studying at a publicly funded school or college in England – not a university 
• on a training course, including unpaid work experience 

A publicly funded school is one that does not charge you for attending it. 

If you’re 19 and over

You could also get a bursary if you either: 

• are continuing on a course you started aged 16 to 18 (known as being a ’19+ continuer’)
• have an Education, Health and Care Plan (EHCP)

What a bursary is for 

A bursary is money that you, or your education or training provider, can use to pay for things like:

• clothing, books and other equipment for your course
• transport and lunch on days you study or train

Eligibility 

You must:

• be at least 16 and under 19 on 31 August 
• study at a publicly funded school or college, or be on an unpaid training course
• meet the residency requirements – your school or college can check this 

Bursary for students in vulnerable groups

You could get up to £1,200 if at least one of the following applies: 

• you’re in or recently left local authority care
• you get Income Support or Universal Credit because you’re financially supporting yourself 
• you get Disability Living Allowance (DLA) in your name and either Employment and Support Allowance (ESA) or Universal Credit 
• you get Personal Independence Payment (PIP) in your name and either ESA or Universal Credit. 

You may get the full amount if you have expenses and study full-time on a course of at least 30 weeks. 

You’ll usually get less than the full amount, or no bursary, if one of the following apply:

• your course is shorter than 30 weeks 
• you study part-time 
• you have few expenses 

You’ll be told what evidence you need, for example benefit letters. 

Discretionary bursary

Your school or college will have their own criteria for discretionary bursaries. They’ll look at your individual circumstances – this usually includes your family income. 

Ask student services about their criteria and any evidence you’ll need.

You can apply to a discretionary bursary if you’re over 19 and either: 

• continuing on a course you started aged 16 to 18 (known as being a ’19+ continuer’)
• have an Education, Health and Care Plan (EHCP)

How to claim 

Apply to your school, college or training provider. Ask student services or your tutor to explain what you need to do.

When to apply

Apply once you know where you’ll study or train, so you’ll get your bursary as soon as possible.

You might need to re-apply for a bursary for each year of your course. Check with your provider. 

Visit gov.uk for more information.

Statutory Needs and Assessment Process

Children with more complex needs may require a more detailed assessment and may need an Education, Health and Care Plan.

The Education, Health and Care Plan replaced Statements of Special Educational Need and Learning Difficulty Assessments in 2014.

This section of the Local Offer will provide you with information on Assessments and Education, Health and Care Plans.

The SEND Code of Practice provides statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Act 2014 and associated regulations and applies to England. It relates to children and young people with special educational needs (SEN) and disabled children and young people. A ‘young person’ in this context is a person over compulsory school age and under 25. Compulsory school age ends on the last Friday of June in the academic year in which they become 16. For ease of reference, young people are referred to in this Code of Practice as ‘over 16’.

Download the SEND Code of Practice

What is an Education, Health and Care Needs Assessment?

The majority of children and young people with Special Educational Needs or disabilities will have their needs met within local mainstream early years settings, schools, or colleges. Some children and young people may require an EHC Needs Assessment in order for the local authority to decide whether it is necessary for it to make provision in accordance with an EHC plan.

The purpose of an EHC plan is to make special educational provisions to meet the special educational needs of the child or young person, to secure the best possible outcomes for them across education, health and social care and, as they get older, prepare them for adulthood.

An EHC Needs Assessment is only necessary if your child’s education setting cannot provide all of the help that they need and will usually only happen after the graduated approach has been followed.

How can I request an EHC Needs Assessment and what happens after the assessment is requested?

The following people have a specific right to ask the local authority to conduct an education, health and care needs assessment for a child or young person aged between 0 and 25:

• The child’s parents
• A young person over the age of 16, but under the age of 25, and
• A person acting on behalf of a school or post – 16 institution (this should ideally be with the knowledge and agreement of the parent or young person where possible)

In addition, anyone else can bring a child or young person who has (or may have) SEN to the attention of the local authority, particularly where they think an EHC needs assessment may be necessary. This could include, for example:

• foster carers
• health and social care professionals
• early years practitioners
• youth offending teams  or probation services
• those responsible for education in custody
• school or college staff
• family friend

Bringing a child or young person to the attention of the local authority will be undertaken on an individual basis where there are specific concerns. This should be done with the knowledge and, where possible, agreement of the child’s parent or the young person.

Parents, carers and young people can also talk to Hartlepool SEND Information, Advice and Support Service who can provide more information and assist in making a request for an EHC needs assessment.

What happens after an EHC needs assessment is requested?

The Local Authority has a SEND Panel which meets to consider requests for EHC needs assessment. The panel includes representatives from education, health and social care and meets every 4 weeks.

When the local authority receives the request for an EHC needs assessment they will send you a letter confirming this and to let you know when the date of the next SEND Panel meeting will be held to discuss and make a decision on your request for an EHC needs assessment.

Following a request for an EHC needs assessment, or the child or young person having otherwise been brought to its attention, the local authority must determine whether an EHC needs assessment is necessary. The local authority must make a decision and communicate the decision to the child’s parent or to the young person within 6 weeks of receiving the request. The local authority does not have to consider whether an EHC needs assessment is necessary where it has already undertaken an EHC needs assessment for a child or young person during the previous six months, although the local authority may choose to do so if it thinks it is appropriate.

You will then have a maximum of 6 weeks to wait before you find out if the Panel has agreed that an assessment should start or has recommended that the child’s needs, can be met at SEN Support.

It is important that the request for an EHC needs assessment contains as much information as possible so that the Panel can reach the right decision about whether or not to start the assessment. The Panel might ask for more information if it is felt that there is not enough detail to make a decision.

After the Panel meeting, the local authority will contact you to let you know what has been decided. If it is decided that your child does not need an assessment, and you disagree with the decision, you can talk to the SENDIASS Service or ask for details of the Independent disagreement resolution arrangements and mediation. If you are still unhappy, you have a right to appeal to the First – tier Tribunal (Special Educational Needs and Disability).

EHC Needs Assessment Timescales

The diagram below sets out the statutory timescales and decision points for the process of EHC needs assessment and EHC plan development that local authorities must adhere to, subject to specific exemptions set out in paragraph 9.42 (Page 152) in the SEND Code of Practice January 2015.

Throughout the statutory process for EHC needs assessment and EHC plan development, local authorities must work in partnership with the child and his or her parent or young person.

Or

What happens during a needs assessment and how is an Education, Health and Care Plan prepared?

The whole assessment process must take no longer than 20 weeks (except in a few exceptional circumstances) from the Local Authority receiving the request for assessment. If the Panel make a decision to carry out an assessment you will be allocated an SEN Case Officer who will take you through the process from start to finish.

You will be asked to sign a contract form that will give the local authority permission to share information between the people who will be involved in the assessment. The local authority will also explain how the assessment process will work, including how long each stage of the process will take, and also make a list of the people who are already involved in supporting your child.

The SEN Team in conjunction with your child’s school (if they attend school), will then organise a date for the Assessment Planning Meeting. You know your child best and it is very important that you are part of this meeting. At this point, this is the section that will be discussed and your allocated SEN Case Officer will normally be responsible for overseeing this meeting and they will record what everyone says.

What to include in each section of the EHC Plan is this necessary or can we include a weblink?

Section	Information to include
(A) The view, interests and aspirations of the child and their parents, or of the young person	Details about the child or young person’s aspirations and goals for the future (but not details of outcomes to be achieved). When agreeing to the aspirations, consideration should be given to the child or young person’s aspirations for paid employment, independent living, and community participation Details about play, health, schooling, independence, friendship, further education and future plans including employment(where practical)A summary of how to communicate with the child or young person and engage them in decision-making The child or young person’s history If written in the first person, the plan should be clear whether the child or young person is being quoted directly, or if the views of parents or professionals are being represented
(B)   The child or young person’s special educational needs (SEN)	All of the child or young person’s identified special educational needs must be specified SEN may include needs for health and social care provisions that are treated as special educational provisions because they educate or train the child or young person( see paragraphs 9.73 onwards) SEND Code of Practice
(C)   The child or young person’s health needs which relate to their SEN	The EHC plan must specify any health needs identified through the EHC needs assessment which relate to the child or young person’s SEN. Some health care needs , such as routine dental health needs, are unlikely to be related. The Clinical Commissioning Group (CCG) may also choose to specify other health care needs which are not related to the child or young person’s SEN (for example, a long-term condition, which might need management in a special educational setting)
(D)   The child or young person’s social care needs which relate to their SEN	The EHC plan must specify any social care needs identified through the EHC needs assessment which relate to the child or young person’s SEN or which require provision for a child or young person under 18 under section 2 of the Chronically Sick and Disabled Persons Act 1970The local authority must also choose to specify other social care needs which are not linked to the child or young person’s SEN or to a disability. This could include reference to any child in need or child protection plan which a child may have relating to other family issues such as neglect. Such an approach could help the child and their parents manage the different plans and bring greater co-ordination of services. Inclusion must only be with the consent of the child and their parents
(E)   The outcomes sought for the child or the young person	A range of outcomes over varying timescales, covering education, health and care as appropriate but recognising that it is the education and training outcomes only that will help determine when a plan is ceased for young people aged over 18. Therefore, for young people aged over 17, the EHC plan should identify clearly which outcomes are education and training outcomes. A clear distinction between outcomes and provision. The provision should help the child or young person achieve an outcome, it is not an outcome in itself. Steps towards meeting the outcomes. The arrangements for monitoring progress, including review and transition review arrangements and the arrangements for setting and monitoring shorter term targets by the early year’s provider, school, college, or other education or training provider. Forward planning for key changes in a child or young person’s life, such as changing school, moving from children’s to adult care and/or from pediatric services to adult health, or moving on from further education to adulthood. For children and young people preparing for the transition to adulthood, the outcomes that will prepare them well for adulthood and are clearly, linked to the achievement of the aspirations in section A.
(F)   The special educational provision required by the child or the young person	Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where the support is secured through a Personal Budget Provision must be specified for each and every need specified in section B. It should be clear how the provision will support the achievements of the outcomes. Where health or social care provision educates or trains a child or young person, it must appear in this section. There should be clarity as to how advice and information gathered has informed the provision specified. Where the local authority has departed from that advice, they should say so and give reasons for it. In some cases, flexibility will be required to meet changing needs of the child or young person including flexibility in the use of a Personal BudgetThe plan should specify: Any appropriate facilities and equipment, staffing arrangements and curriculum Any appropriate modifications to the application of the National Curriculum where relevant Any appropriate exclusions from the application of the National Curriculum or the course being studied in a post-16 setting, in detail, and the provision which it is proposed to substitute for any such exclusions in order to maintain a balanced and broadly based curriculum Where residential accommodation is appropriate, that fact Where there is a Personal Budget, the outcomes to which it is intended to contribute (detail of the arrangements for a Personal Budget, including direct payment, must be included in the plan and these should be set out in section J) See paragraph 9.131 onwards in the SEND Code of Practice for details of duties on the local authority to maintain the special educational provision in the EHC plan
(G)   Any health provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN	Provision should be detailed and specific and should normally be quantified, for example, in terms of the type of support and who will provide it. It should be clear how the provision will support the achievement of the outcomes, including the health needs to be met and the outcomes to be achieved through provision secured through a personal (health) budgetClarity as to how advice and information gathered has informed the provision specified Health care provision reasonably required may include specialist support and therapies, such as medical treatments and delivery of medications, occupational therapy and physiotherapy, a range of nursing support, specialist equipment, wheelchairs and continence supplies. It could include highly specialist services needed by only a small number of children which are commissioned centrally by NHS England (for example therapeutic provision for young offenders in the secure estate)The local authority and CCG may also choose to specify other health care provision reasonably required by the child or young person, which is not linked to their learning difficulties, but which should sensibly be coordinated with other services in the plan. See paragraph 9.141 in the SEND Code of Practice for details of duties on the health service to maintain the health care provision in the EHC plan.
(H1)   Any social care provision which must be made for a child or young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970 (CSDPA)	Provision should be detailed and specific and should normally be quantified, for example, in terms of the type of support and who will provide it (including where this is to be secured through a social care direct payment)It should be clear how the provision will support the achievement of the outcomes, including any provision secured through a Personal Budget. There should be clarity as to how advice and information gathered has informed the provision specified. Section H1 of the EHC plan must specify all services assessed as being needed for a disabled child or young person under 18, under section 2 of the CSDPA. These services include: Practical assistance in the home Provision or assistance in obtaining recreational and educational facilities at home and outside the home Assistance in travelling to facilities Adaptations to the home Facilitating the taking of holidays Provision of meals at home or elsewhere Provision or assistance in obtaining a telephone and any special equipment necessary Non-residential short breaks (included in Section H1 on the basis that the child as well as his or her parent will benefit from the short break) This may include services to be provided for parent carers of disabled children, including following an assessment of their needs under sections 17SD – 17ZF of the Children Act 1989See paragraph 9.137 onwards in the SEND Code of Practice for details of duties on the local authorities to maintain the social care provision in the EHC plan
(H2)   Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN	Social care provision reasonably required may include provision identified through early help and children in need assessments and safeguarding assessments for children. Section H2 must only include services which are not provided under section 2 of the CSDPA. For children and young people under 18 this includes residential short breaks and services provided for children arising from their SEN, but unrelated to a disability. This should include any provision secured through a social care direct payment. See Chapter 10 in the SEND Code of Practice for more information on children’s social care assessments. Social care provision reasonably required will include any adult social care provision to meet eligible needs for young people over 18 (set out in an adult care and support plan) under the Care Act 2014. See Chapter 8 in the SEND Code of Practice for further details on adult care and EHC plans. The local authority may also choose to specify in section H2 other social care provisions reasonably required by the child or young person, which is not linked to learning difficulties, or disabilities. This will enable the local authority to include in the EHC plan social care provision, such as children in need or child protection plans, or plans where it is unrelated to the SEN, but appropriate to include in the EHC plan. See paragraph 9.137 onwards in the SEND Code of Practice for details of the duties on the local authorities to maintain the social care provision in the EHC plan.
(I)   Placement	The name and type of the school, maintained nursery school, post-16 institution, or other institution to be attended by the child or young person and the type of that institution (or, where the name of a school or other institution is not specified in the EHC Plan, the type of school or other institution to be attended by the child or young person)These details must be included only in the final EHC plan, not the draft EHC plan sent to the child’s parent or to the young person. See paragraph 9.78 onwards in the SEND Code of Practice for more details.
(J)   Personal Budget (including arrangements for direct payments)	This section should provide detailed information on any Personal Budget that will be used to secure provision in the EHC PlanIt should set out the arrangements in relation to direct payments as required by education, health and social care regulations. The special educational needs and outcomes that are to be met by any direct payment must be specified
(K)   Advice and Information	The advice and information gathered during the EHC needs assessment must be set out in the appendices to the EHC plan. There should be a list of this advice and information

During the Assessment Planning meeting, everyone will decide together who will do what and a list will be made of the reports that will be produced during the rest of the assessment. Everyone who will be writing a report has 6 weeks to do so, but they should share it with you before anyone else.

After 6 weeks, a Support Planning meeting is held. Again you and the professionals supporting your child will get together – this time to share the information that people have gathered during the assessment of your child.

The Support Planning meeting will discuss the short and long-term outcomes that your child will work towards these will be suggested by the people who have completed assessments and recorded by the SEN Case Officer. For each outcome, a list of the support that your child will need to achieve it will be made.

The local authority must send the draft EHC plan (including the appendices containing the advice and information gathered during the EHC needs assessment) to the child’s parent or to the young person and give them at least 15 days to give views and representations on the content. During this period, the local authority must make its officers available for a meeting with the child’s parents or the young person on request if they wish to discuss the content of the draft EHC plan. When the local authority sends the draft EHC plan to the child’s parents of the young person the following apply:

• The local authority must notify the child’s parent or the young person that during this period they can request that a particular school or other institution, or type of school or other institution be named in the plan. The draft plan must not contain the name of the school, maintained nursery school,post-16 provisions, or other institution or the type of school or other institution to be attended by the child or young person
• The local authority must advise the child’s parent or the young person  where they can find information about the schools and colleges that are available for a child or young person to attend, for example through the Local Offer
• The local authority should seek agreement of any Personal Budget specified in the draft plan (see Paragraph 9.95 onwards for more information) SEND Code of Practice.

You can access impartial information, advice and support through the process by contacting Hartlepool SENDIASS Service.

What happens if the Local Authority makes the decision not to issue and EHC Plan and you (parent/carer or young person) disagrees with the decision?

Following the completion of an EHC needs assessment, if the local authority decides that an EHC plan is not necessary, it must notify the child’s parent or the young person, the early year’s provider, school or post-16 institution currently attended, and the health service and give the reasons for its decision. The notification must take place as soon as practicable and at the latest within 16 weeks of the initial request or of the child or young person having otherwise been brought to the local authority’s attention.

The local authority must also inform the child’s parent or the young person of their right to appeal that decision and the time limit in which to appeal, and the availability of information, advice and support and disagreement resolution services.

The local authority should also ensure that the child’s parent or the young person are aware of the resources available to meet SEN in mainstream provision and other support set out in the Local Offer.

The local authority should also provide written feedback collected during the EHC needs assessment process, which the child’s parent, the young person, early years provider, school, or post-16 institution can understand and may find useful, including evidence and reports from professionals. This information can then inform how outcomes sought for the child or young person can be achieved through special educational provisions made by the early year’s provider, school, or post-16 institution and coordinated support from other agencies.

Parents/carers and young people have the right to challenge the Local Authority’s decisions on:

• Not to carry out an Education, Health and Care assessment
• Not producing an Education, health and Care plan
• The special educational support included in the plan
• Cease to maintain a plan

The parent/carer or young person has the right to appeal at First Tier Tribunal should the local authority decide not to issue an EHC Plan. The SENDIASS Service will be able to provide advice and support.

Mediation

Disagreement Resolution Services are for all parents of children and young people with Special Educational Needs (SEN) and young people aged 16 years and over. Using this service is voluntary and covers SEN provision as well as disagreements about health and social care. 

This applies specifically to parents and young people who are considering appealing the tribunal about Education, Health and Care Needs Assessment and the special education element of the EHC Plan. 

Mediation is also a voluntary process for parents and young people, which you can use if you cannot reach an agreement with your local authority or Clinical Commissioning Group (CCG) in matters relating to Education, Health and Care Plans. It only covers disagreements you may have in the following circumstances when your local authority decides:

• Not to carry out an EHC needs assessment or re-assessment of your child
• Not to draw up an EHC plan for your child, once they have done a re-assessment
• Not to amend your child’s EHC plan after the annual review or re-assessment
• To cease to maintain your child’s EHC Plan

Where the local authority has drawn up an EHC Plan for your child, mediation must be available if you disagree with:

• The parts of the plan which describe a child’s special educational needs
• The special educational provision set out in the plan

Registering an appeal with the Tribunal

Parents and young people have two months to register an SEN appeal with the Tribunal from the date when the local authority sent out the notice containing a decision, which can be appealed, or one month from the date of a certificate which has been issued following mediation or the parent or young person being given the mediation information, which every is the later. In some cases parents and young people will not register the appeal within the two-month limit. Where it is fair and just to do so the Tribunal has the power to use its discretion to accept appeals outside of the two-month time limit.

The Tribunal will not take into account of the fact that mediation has taken place or has not been taken up, nor will it take into account the outcome of the mediation. Parents and young people will not be disadvantaged at the Tribunal because they have not chosen to go to mediation.

The Tribunal forms part of the First-tier Tribunal (Health, Education and Social Care Chamber). Tribunals are overseen by Her Majesty’s Courts and Tribunal Service.

The Role and function of the Tribunal is to hear appeals against decisions made by the local authorities in England in relation to children’s and young people’s EHC needs assessments and EHC plans. It also hears disability discrimination claims against schools and against the local authorities when the local authority is the responsible body for the school.

Before you can appeal to the SEND Tribunal, you must have contacted a mediation advisor (unless your appeal is only about the school or local authority has named in your child’s plan or if they have not named a school in it). You will need a certificate from the mediation advisor to register an appeal. You have one month from receiving the certificate or two months from the original discussion (whichever is the later date) to register an appeal with the Tribunal.

The Tribunal hears appeals against decisions made by the local authorities in England in relation to children and young people’s EHC assessments and plans. It also hears disability discrimination claims against schools and against the local authorities when the local authority is the responsible body for a school.

The Tribunal seeks to ensure that the process of appealing is as user friendly as possible, and to avoid hearings that are overly legalistic or technical. It is the Tribunal’s aim to ensure that a parent or young person should not need to engage legal representation when appealing a decision. Parents and young people may find it useful to have support from a voluntary organisation or friend at the hearing.

To find more information on Tribunals, visit the gov.uk website.

Parents and young people can appeal to the Tribunal about:

• A decision by the local authority not to carry out an EHC needs assessment or re-assessment
• A decision by the local authority that it is not necessary to issue an EHC plan following an assessment
• The description of a child or young person’s SEN specified in an EHC plan, the special educational provision specified, the school or other institution or type of school other than an institution specified in the plan, or that no school or other institution is specified
• Amendment to these elements of the EHC plan
• A decision by a local authority not to amend an EHC plan following a review or re-assessment
• A decision by a local authority to cease to maintain an EHC plan

The Tribunal does not hear appeals about Personal Budgets, but will hear appeals about the special educational provision to which a Personal Budget may apply.

Parents and young people who are unhappy with decisions about the health and social care elements of an EHC plan can go to mediation. They can also complain through the health and social care complaints procedures.

How long does an EHC Plan last?

Your child could have an EHC Plan for the whole of their, education or just part of it. The reviews of your child’s plan may indicate that they will continue to make good progress with the help that their education provider can put in place from their own resources. In these cases, your child will no longer be considered to need statutory support and the local authority would cease to maintain their EHC Plan.

As long as a child or young person continues to access statutory special educational provision, the EHC Plan can last up to the age of 25.

After the age of 16, an EHC Plan could still apply in:

• Specialist schools or colleges;
• Mainstream further education and sixth form colleges;
• Training Providers;
• Apprenticeships;

If a young person decides to move into employment or on to university (higher education) an EHC Plan does not apply because this is not special educational provision, although there should still be support available.

Reviewing an EHCP

The local authority must check your child’s progress and make sure that the plan continues to meet their special educational need. This must be done at least once a year (6 monthly for under 5’s), or a review could be more frequent depending on your child’s needs.

You will be contacted with a date for the review meeting, usually by your child’s education setting inviting you to attend. Before the meeting, you should be asked for your views on your child’s progress since the last review.

Education settings will also ask for updated reports from the professionals who have been supporting your child since the last review. Before the meeting, you should receive copies of all reports that have been written.

During the annual review meeting, your child’s progress towards the outcomes set out in the plan will be discussed and new outcomes will be set for the coming 12 month – key stage. Any proposed changes to your child’s plan will be recorded.

The review meeting will usually take place in your child’s educational setting. You can take along a family member or friend with you. Alternatively, Hartlepool SENDIAS Service can support you with this.

After the meeting a decision will be made whether the plan is maintained, ceased, or amended. The plan will be amended by a member of the SEN Team who will send you the plan and ask for your comments/amendments to be considered

You have 15 days to consider the plan and contact the SEN Team to discuss any changes you wish to be made. If the local authority does not hear from you, the plan will be finalised. However, you continue to have the same rights if you disagree and you also have the right to appeal to the SEND Tribunal.

You can access impartial information, advice and support through the process by contacting Hartlepool SENDIASS Service.

What happens if you move to another area?

If you are going to move, you should let the local authority know by contacting the SEN Team (sen@hartlepool.gov.uk). You should also contact the SEN Team in the local authority area you are moving to, so that you can talk to them about your child’s needs and the best way of ensuring that they continue to be met.

Where a child or young person moves to another local authority, the ‘old’ authority must transfer the EHC plan to the ‘new’ authority on the day of the move, unless the following condition applies. Where the old authority has not been provided with the 15 working days’ notice of the move, the old authority must transfer the EHC plan within 15 working days beginning with the day on which it did become aware.

The old authority should also transfer any opinion they have received under the Disabled Persons (Services, Consultation and Representation) Act 1986 that the child or young person is disabled. Upon the transfer of the EHC plan, the new authority becomes responsible for maintaining the plan and for securing the special educational provision specified in it.

The requirement for the child or young person to attend the educational institution specified in the EHC plan continues after the transfer. However, where attendance would be impractical, the new authority must place the child or young person temporarily at an appropriate educational institution other than that specified – for example:

• Where the distance between the  child or young person’s new home and the educational institution would be too great – until the EHC plan is formally amended

The new authority may not decline to pay fees or otherwise maintain the child at an independent or non-maintained special school or boarding school named in an EHC plan unless and until they have amended the EHC plan

Money Matters

There is some financial information specific to education. In addition, further information can be found here

Personal Budgets – EHCP

From 1st September 2014 The Children and Families Act and associated regulations in relation to children and young people are in force and a new coordinated Education, Health and Care Plan (EHC Plan) replaces the historic system for Statements of Special Educational Needs. 

One of the central themes of Part 3 of the Children and Families Act 2014 is making sure that services and support are ‘personalised’. This means that children, young people and their families have as much choice and control as possible over the support they need and that any support is built around the individual rather than trying to fit into existing services or ways of support, if these are not appropriate. 

A Personal Budget is an amount of money identified by the local authority to deliver provisions set out in an EHC Plan where the parent or young person is involved in arranging that provision. 

There are four ways in which a Personal Budget can be delivered: 

• Direct Payments made direct into an individual’s bank account which allows them to purchase and manage services themselves. 
• An arrangement with the local authority, school, or college where they hold the funds and commission the support specified in the plan (sometimes called a ‘notional arrangement’) 
• Third party arrangements – where funds (direct payments) are paid to and managed by an individual or organisation on behalf of the child’s parent or the young person. 
• A combination of all of the above.