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Professionals

Professionals

This page provides accurate information and advice about a range of topics in relation to SEND. All information provided is based on the law and on statutory guidance. The information may be useful for a range of professionals working with children, young people and their families. If you have any further questions please contact us via the chat facility, phone or email and one of our trained practitioners will get back to you within two working days. We are also able to offer workshops and information for team meetings, inset days etc.

Further Information

Special Educational Needs (“SEN”) can affect a child or young person’s ability to learn.

 

For example, someone’s SEN might affect their:



Further information can be found by clicking the following links:

https://contact.org.uk/advice-and-support/education-learning/introduction-to-special-educational-needs-in-england/ 

http://www.rochdale.gov.uk/schools-and-education/special-educational-needs/Pages/co-ordinated-support-plan.aspx 

https://childlawadvice.org.uk/information-pages/mental-health-in-schools/

https://www.gov.uk/government/publications/supporting-pupils-at-school-with-medical-conditions--3

Nurseries, schools and colleges have clear duties under the SEND Code of Practice 2014. This contains guidance on what they should be doing to identify and support children and young people with SEN. The Code applies to all settings except wholly independent schools.

Nurseries, schools and colleges must “have regard” to the Code. This means that they should do what it says or be able to explain why they have not done so, and what alternative has been put in place instead.

 

The SEND Code of Practice 2014 specifies how each type of setting should support children and young people on SEN Support. 

Part 5 - is specific to Early Years Settings (Nurseries)

Part 6 - is specific to Schools

Part 7 - is specific to Further Education Settings (Colleges).

 

Where a pupil is identified as having SEN, settings should implement support to prevent them from struggling. 

Settings should follow the Graduated Approach by :

  • assessing the child's needs,
  • making plans to meet a child's  needs 
  • carrying out the plans
  • reviewing the progress.

Settings must use their ‘best endeavors’ to support children and young people with SEN.  This means doing everything that could reasonably be expected of them.

 

Funding SEN Support

Information about settings are funded to provide SEN Support can be found by clicking the links below:

Schools - 

https://councilfordisabledchildren.org.uk/sites/default/files/uploads/resources/images/cdc_funding_briefing_for_parents.pdf  

 

Post 16 Settings - 

https://councilfordisabledchildren.org.uk/sites/default/files/field/attachemnt/Funding%20of%20Students%2016-25%20PfA.pdf 

 

There are only two reasons why a child cannot attend school - Suspension and Expulsion.

 

Schools which are maintained by the LA, Academies and Pupil referral Units, should utilise the statutory guidance shown in the link below:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/921405/20170831_Exclusion_Stat_guidance_Web_version.pdf 

 

Pupils can only be suspended/expelled for disciplinary reasons: they cannot be excluded because a school cannot meet their needs.

 

‘Informal’ or ‘unofficial’ suspensions, such as sending a pupil home to cool off or the school putting a pupil on a ‘part-time timetable’, are all unlawful regardless of whether they occur with the agreement of parents or carers. 

 

Unlawful suspension/expulsion of a pupil with a disability may amount to disability discrimination under the Equality Act 2010.

 

 

The following links provide additional further information:

https://www.ipsea.org.uk/pages/category/exclusion-from-school 

https://www.gov.uk/government/publications/school-attendance 

A part time timetable is anything other than a child attending school full-time.

 

All pupils of compulsory school age are entitled to a full-time education. In very exceptional circumstances there may be a need for a temporary part-time time table to meet a pupil’s needs. This does not mean the child should receive less than a full time education. It means that they will receive some of their education out of school. When a child is on a part time timetable, schools still have a responsibility to educate them full time, by providing an online learning platform or by sending home work and marking work for every lesson they miss. 

 

Younger children who are not of compulsory school age (usually children who are 4 and in reception class) should have the same opportunities as their peers, to attend full-time. If parents feel their child is being treated unfairly because of their needs, they have the right to make a claim to the SEND Tribunal about Disability Discrimination. 



A part-time timetable must not be treated as a long-term solution. It should constantly be reviewed and a plan for reintegration should be arranged and adhered to. 

Local authorities are required to arrange free, suitable, home to school transport for children of compulsory school age who are ‘eligible’, to their nearest suitable qualifying school.

 

Eligible children fall within four categories, set out in Schedule 35 EA 1996:

  • Children with SEN, a disability or a mobility difficulty
  • Children whose route to school is unsafe
  • Children who live beyond the statutory walking distance
  • Children from low income families

 

If a child meets the criteria for any one of these categories, they could be entitled to home to school transport. 

 

 

Additional information can be found by clicking the links below:

https://www.bury.gov.uk/index.aspx?articleid=10420 

An Education, Health and Care Plan (EHCP) is a legal document which describes a child or young person’s Special Educational Needs, the support they need, and the outcomes they would like to achieve.

 

An EHCP can only be issued after a child or young person has gone through the process of an EHC Needs Assessment.

 

The majority of children and young people with SEN or disabilities will have their needs met within local mainstream early years settings, school or colleges; however, some children and young people may require an EHC needs assessment in order for the Local Authority to decide whether it is necessary to make additional provision. 

 

If an EHC Needs Assessment takes place, the LA will make a decision as to whether an EHCP is needed for the child or whether the child's needs can be met in school without it. 

 

Parents or School can ask the LA to complete an EHC needs assessment. Further information can be found by clicking the link below:

https://www.bury.gov.uk/index.aspx?articleid=10416 

Parents and settings may not always agree about whether an EHC Needs Assessment is needed. It is important to note that parents have the legal right to ask the LA to carry out an EHC Needs Assessment  themselves. SENDiass can support parents to do this. 

 

For more information please click the link below:

Top tips for professionals who support children and young people with an EHC plan

 

 

Once an EHC plan is in place for a child or young person, it is unlikely to remain the same over time. As they grow up, it may become out of date, and they may move to a different school or college. This is why there is a requirement for all EHCP's to be reviewed by the Local Authority at least annually. This is usually referred to as the Annual Review.

 

It is common for schools to facilitate Annual Review Meetings on behalf of the LA.  Schools have the right to request that the LA is present if they feel this is required. 

 

Parents, Children and Young People should be involved in the Annual Review Process.  There should be a meeting to attend and other ways for views, wishes and feelings to be heard; such as paperwork to fill out. The Annual Review is a chance to look at:

  • What is working well?
  • What needs to change?
  • Changes in SEN
  • Preparing for Adulthood (Year 9 onwards)
  • Aspirations

 

For additional further information about Annual Reviews and how to support children and young people during the process, please click the link below:

https://www.ipsea.org.uk/annual-review 

https://councilfordisabledchildren.org.uk/help-resources/resources/top-tips-professionals-support-children-and-young-people-participate-their-ehc-plan 

SENDiass can provide advocacy for Parents/Carers and for Young People in their own right. 

 

SENDiass do not fulfill the role of statutory advocates. A statutory advocate is a different type of advocate than SENDiass. Statutory advocates are advocates who are specially trained to support people under the Mental Health Act, the Mental Capacity Act and the Care Act. 

 

Further information about Statutory Advocates can be found by clicking the link below:

https://www.mind.org.uk/information-support/guides-to-support-and-services/advocacy/legal-rights-to-advocacy/

 

SENDiass can:

  • listen to views and concerns 
  • help people explore their options and rights (without pressuring them)
  • provide information to help people make informed decisions
  • help with communicating with school/college
  • accompany and  support people in a school/college meeting

 

SENDiass will not:

  • give  their personal opinion (tell people what they think)
  • solve problems and make decisions for people
  • make a judgement 

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