Tom Quilter Senior Development Worker within the Council

Tom Quilter: Senior Development Worker within the Council for Disabled Children- IASSN councilfordisabledchildren. org. uk

Who are the Council for Disabled Children CDC are the umbrella body for the disabled children's sector bringing together professionals, practitioners and policy-makers. CDC are part of the National Children’s Bureau. NCB are the charity that works collaboratively across the issues affecting children to influence policy and get services working together to deliver a better childhood.

Who are the Information, Advice and Support Services Network (IASSN) • As part of the Children and Families Act 2014 it is a legal requirement that all local authorities ensure children and young people with Special Educational Needs and Disabilities (SEND) & their parents have access to an impartial Information, Advice and Support (IAS) service. The IASSN are funded by the Department for Education (Df. E) to support this. We do this by: • Working with the SENDIAS services to ensure they have the resources and training to provide high quality information, advice and support to children, young people and parents in their area. • Listening to and working with SENDIASS' to understand their challenges and successes in order to feedback to the Df. E to implement positive and necessary change. • Working with SENDIAS services and other stakeholders to develop and promote the standards for SENDIAS services • We do not provide direct advice or support to children, young people and parents. However, we can help you find your local IAS Service or you can have look at our resources section for other sources of support.

What is an IASS- Children and Families Act: • 32 Advice and information • (1)A local authority in England must arrange for children and young people for whom it is responsible, and the parents of children for whom it is responsible, to be provided with advice and information about matters relating to the special educational needs of the children or young people concerned. • (2)A local authority in England must arrange for children and young people in its area with a disability, and the parents of children in its area with a disability, to be provided with advice and information about matters relating to the disabilities of the children or young people concerned. • (3)The authority must take such steps as it thinks appropriate for making the services provided under subsections (1) and (2) known to— • (a)the parents of children in its area; • (b)children in its area; • (c)young people in its area; • (d)the head teachers, proprietors and principals of schools and post-16 institutions in its area. • (4)The authority may also take such steps as it thinks appropriate for making the services provided under subsections (1) and (2) known to such other persons as it thinks appropriate.

Special Educational Needs and/ or disability information, advice and support services (SENDIAS)

Minimum standards for SENDIAS Can be found in detail here: https: //councilfordisabledchildren. org. uk/information-advice-andsupport-services-network/resources/minimum-standards-iass

Case study • A child or young person feels they need an EHCP and requests an EHC needs assesment • The LA refuse. The family contact the IAS to understand their rights. • The IAS caseworker considers the legal test for an EHC needs assesment is: • whether the child or young person has or may have special educational needs (“SEN”); and • whether they may need special educational provision to be made through an EHC plan. • The IAS caseworker shares this with the family who are then able to challenge the LA’s decision with their support. • The LA agree to the needs assesment (or not and the SENDIAS can support with taking this further including supporting through the tribunal process)

What do we do in the IASSN https: //councilfordisabledchildren. org. uk/information-advice-and-support-services-network/about • Training • Tools • Resources • Min standards • Communication • DFE feedback/ reporting

Our Partnership with Contact (formally Contact a Family) https: //contact. org. uk/

SENDIOG Special educational needs and/ or disability information organisations group • DFE (department for education) https: //www. gov. uk/government/organisations/department-for-education • IPSEA (independent parental specialist education advice) https: //www. ipsea. org. uk/ • Contact (formally contact a family) https: //contact. org. uk/ • SOS-SEN https: //sossen. org. uk/ • CBF (challenging behaviour society) https: //www. challengingbehaviour. org. uk/ • NAS (national autistic society) https: //www. autism. org. uk/ • And more! • https: //councilfordisabledchildren. org. uk/information-advice-and-support-services-network/resources/sendioginformation-sheet

Children and Young People’s rights- the Coronavirus Act The Coronavirus Act 2020 includes temporary emergency powers to enable the Secretary of State, where appropriate and proportionate, to disapply or modify legal requirements under the Children and Families Act 2014.

‘From 1 May to 31 July 2020, section 42 of the Children and Families Act 2014 (duty to secure special educational and health care provision in accordance with EHC plan) was modified by a notice from the Secretary of State for Education issued under the Coronavirus Act 2020. During this period, local authorities and health commissioning bodies were required to use their ‘reasonable endeavours’ to discharge this duty. On 2 July the Secretary of State announced that, unless the evidence changes, he will not be issuing further national notices after 31 July to modify this duty, but will consider whether any such flexibilities may be required locally to respond to outbreaks. ’

What is still in place? https: //www. gov. uk/government/publications/changes-to-the-law-on-education-health-and-care-needs-assessments-andplans-due-to-coronavirus • Some relaxation of timescales is still in place until 25 th September. Must be completed when ‘reasonably practicable. ’ • Schools allowed ‘reasonable’ time to reinstate free home to school transport and may suggest alternatives to begin with. This doesn’t affect dedicated school transport which is exempt from social distancing guidelines • Otherwise the law is still in place as is the equalities act. Since children and young people have a right to attend school, and a right to not be discriminated against due to their disability, it’s clear that it’s the schools responsibility to make sure that happens.

How to contact your local service • CDC website – find your local service • Local Offer website • There should be many other routes!

What to do if you’re not happy with your local service • Follow their complaints procedure • Follow their local authorities complaints procedure

More information • Our Website – • https: //councilfordisabledchildren. org. uk/information-advice-and-supportservices-network • Videos - https: //www. youtube. com/user/Watch. CDC • Social Media • Newsletter - https: //www. ncb. org. uk/news-opinion/our-newsletter

+ Question and Answer

Will SEND children without an EHCP have any rights? All CYP have rights/ a right to access education and the opportunity to reach their potential. If this can be met with resources in school, then they should be met through resources already within the school including SEN support. If the child or young person are unable to have their needs met through SEN support, then this is when you want to apply for an EHC needs assesment. If the child is not getting the support to have their right to an education met (article 28 or the UNCRC) https: //www. unicef. org. uk/rights-respecting-schools/the-right-to-education/ https: //www. ipsea. org. uk/ehc-needs-assessments If my child's school is doing a phased return to education, i. e. going in 1 week, and not going in the next week, what education and support should my child be receiving during the week they are not at school? This would depend on the reasons for the phased return. CYP should have access to the education they are entitled to where needed. The law has not changed and all CYP should be given the support they need to access education as is their right. If the school is enforcing a phased return, it could be an unlawful exclusion. If there is a reason for this based on the needs of the child that is clear and agreed upon by all, then the school must still ensure the child has full access to the ‘broad and balanced’ curriculum. https: //www. gov. uk/government/publications/actions-for-schools-during-the-coronavirus-outbreak/guidance-for-full-opening-schools

Is my child entitled to receive an end of year report despite only having 20% attendance? if Local Authority has acknowledged child has SEN and issued Written Feedback but mainstream school has not been able to help him overcome the barriers to attend can I reapply for EHCP? Definitely can ask for an EHC needs assesment if something has changed or mainstream education isn’t working Legal tests: whether the child or young person has or may have special educational needs (“SEN”); and whether they may need special educational provision to be made through an EHC plan. Re end of year report, I imagine that is school policy rather then national policy and should be challenged, especially for the right reasons. If they have only been attending 20% clear that setting isn’t working for whatever reason and should be acknowledged. https: //www. ipsea. org. uk/ehc-needs-assessments I have just obtained 20 hrs EHCP for my son. He is in year 6 and has just had a diagnosis of ASC. My concern is if it is the usual teaching assistant supporting him how can they do 1 to 1 support and help the other pupils in the class at the same time? The EHCP should come with additional funding to stop this from happening. It is a legal document and if it states that the child needs 1 -1 support, then that is what they are entitled to, and you can challenge if not getting it. Teaching resources are stretched, but that’s not the point… can use annual reviews etc as a way of monitoring this https: //www. ipsea. org. uk/which-parts-of-the-ehc-plan-can-i-appeal-about

1 form entry primary mainstream school, my child has a full time 1: 1 TA. . . What if school say the TA cannot be with my child full time due to social distancing and numbers? The child is entitled to education in law and the law now says all should be back in school. Lots of people are having this anxiety, best to keep up to date with info, and involve SENDIAS early. Currently the advice on this can be found: https: //contact. org. uk/advice-and-support/covid-19/back-to-school-advice-(england)/ https: //www. disabilityrightsuk. org/understanding-equality-act-information-disabled-students My child doesn't understand social distancing, will they let him go back to school if he can't follow the rules? Some pupils will not be able to understand follow social distancing rules and should not be punished or excluded for this. Other measures, such as protective bubbles, handwashing and cleaning will be particularly important where social distancing is not practical, for example with younger age groups. https: //contact. org. uk/advice-and-support/covid-19/back-to-school-advice-(england)/ https: //www. disabilityrightsuk. org/understanding-equality-act-information-disabled-students

If child’s EHCP states they will receive weekly braille / touch typing / habilitation support but the local authority have instructed their teams not to conduct visits to schools, would this be in contravention of the EHCP? I'm aware that EHCPs are to be upheld at the commencement of the new academic year and therefore concerned this will impede upon learning within the classroom. Since any amendments to the law around EHCPs (other than timescales) have now come to an end, that the child/ young person has a legal right to anything stated within it with the responsibility to do so on the LA. If the local authority have instructed their teams to not attend the school, they should have made sure they have an alternative in place, like external professionals. But fundamentally if the law now says all children and young people must attend school, and the EHCP says they need certain services to do so, then it’s the LA’s responsibility to make sure those services are provided, whatever steps they need to take (risk assessments/ external teams or anything else!) My son is starting Year 11. He has an EHCP, is there anyway, he could repeat a year? Before Covid-19 he missed lots of school, in year 7 and 8; his attendance then was stable in year 9 and 10, and he was starting to catch up, but the hit of the last six months he will struggle to catch up. I had to take my Council to tribunal to get a specialist school, I do not think they will agree to this request easily It is possible but needs to be an internal discussion with the relevant people. Please see: https: //www. tes. com/news/repeating-year-possible-says-dfe