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Teenage girl

Information & Advice

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Contents

  • Appeals & Mediation
  • Attendance/Not in full time education
  • Complaints
  • Disability Discrimination
  • Education, Health and Care Plans
  • Education other than in school/college
  • Exclusions
  • Health
  • How should the Local Authority help?
  • Neurodiversity
  • Personal Budgets
  • SEN Support in nurseries, schools and colleges
  • Service Families
  • Social Care
  • Transport
  • Year 6 Transition
  • Young People’s Page

Information & Advice

Appeals & Mediation

IPSEA have a huge amount of resources for parents who are considering lodging an appeal. Please click here to visit their site.

Click on the following links for further information:

How to lodge an appeal and what happens next

    • Please click here for IPSEA’s comprehensive guide to lodging an appeal. This covers all types of appeals, what forms to use, what to expect after you’ve lodged etc.

While you wait…

It can sometimes be many months between an appeal being lodged and the hearing taking place. We strongly recommend that you keep working closely with the LA and school/education setting to try to resolve disagreements ahead of the hearing, and to ensure that your/your child’s needs are met in the interim.

Attendance/Not in full time education

Where parents decide to have their child registered at school, they have a legal duty to ensure their child attends that school regularly.

Schools are expected to discuss non-attendance with pupils and parents to listen to and understand barriers to attendance and agree how all partners can work together to resolve them.

Where absence persists, and voluntary support is not working or not being engaged with, schools should explain the consequences clearly to parents and ensure that support is in place to enable families to respond. Depending on the circumstances this may include formalising support through an attendance contract or education supervision order.

Where all other avenues have been exhausted and support is not working or not being engaged with, attendance can be enforced through statutory intervention: a penalty notice in line with the National Framework or prosecution to protect the pupil’s right to an education.

The Child Law Advice website is an excellent source of legal advice about school attendance. Click here to visit the website.

Click here to read the government guidance for schools. “Working together to improve school attendance”.

Physical or mental health related absence and medical evidence

Schools must record absences as authorised where pupils cannot attend due to illness (both physical and mental health related). There is no need to routinely ask for medical evidence to support recording an absence as authorised for mental health reasons.

 

In instances of long-term or repeated absences for the same reason, however, seeking medical evidence may be appropriate to assist in assessing whether the child requires additional support to help them to attend more regularly, and whether the illness is likely to prevent the child from attending for extended periods. If a parent proactively seeks out a note from a GP, it does not imply a need for absence unless this is explicit in their letter.

 

Once a parent / carer has provided evidence from a medical practitioner, local authorities should not demand continuing evidence without good reason, even where a child has long-term health problems.

 

Click here for the Government Guidance “Summary of responsibilities where a mental health issue is affecting attendance”.

 

Click here to read guidance on “Arranging education for children who cannot attend school because of health needs”.

Part-time timetables

All pupils are entitled to a full-time education suitable to their age, aptitude and any special educational needs they may have. In some circumstances their full-time education may be provided part at school and part at another educational setting or alternative provision.

 

In very exceptional circumstances, where it is in a pupil’s best interests, there may be a need for a school to provide a temporary part-time timetable. For example, where a medical condition prevents a pupil from attending school.

 

A part-time timetable should not be used to manage a pupil’s behaviour.

 

A part-time timetable:

  • Should have the agreement of both the school and the parent.
  • Should be reviewed regularly and only be in place for the shortest time necessary.
  • Should have a proposed end date.
  • Can be extended as part of the regular review process.

 

If the pupil has an education health and care plan, the school should discuss the part-time timetable with the local authority so that any support package that is in place can be reviewed as swiftly as possible.

Alternative Provision

Where a child cannot attend school because of a physical or mental health need, and cannot access suitable full-time education, the local authority is responsible for arranging suitable alternative provision.

 

Alternative provision must be suitable to the child’s age, ability and aptitude, and any special educational needs they have.

 

There is no statutory timescale in which alternative provision must be arranged, for pupils who cannot attend due to medical needs guidance dictates that local authorities should ensure that such education is arranged as quickly as possible.

 

Alternative provision must be full-time unless a pupil’s medical condition makes full-time provision inappropriate. The law does not define full-time. In the case where alternative provision in one-to-one, the hours could be fewer than in school as the education may be more intensive.

 

For more information; Click here to read guidance on “Alternative Provision”.

Complaints

Can you resolve the issue without making a formal complaint?

Before making a formal complaint, try to resolve any problems by talking to the person most closely linked to the issue, this might be a SEN caseworker, class teacher or keyworker.

Before you approach them, think about the following:

  • How are you feeling? Do you need time to calm down or put your thoughts in order so that you can get the best outcome for your child?
  • Is this a good time for the person you’re talking to? They’re more likely to be able to help if they have time to process what you’re saying. Making an appointment rather than trying to catch them in passing.
  • What are the main things that need to be addressed? If you’re experiencing a complex situation caused by multiple issues, try to break things down into individual problems. Solutions usually come in steps so think about what needs to change first to start making things better for your child.
  • Be solution focussed – While it might be necessary to discuss other people’s actions, framing your comments in terms of what needs to change, or what should happen next time, is much more positive and likely to help maintain your relationship with the service.
  • Ask – what can you do to help? Show that you’re willing to help resolve the issues. What this looks like will be unique to your situation but might involve things like:
    • Explaining to your child what school are going to do to help.
    • Providing copies of private reports or assessments.
    • Keeping a log of your child’s sleep or mood at home so that together you can identify patterns in behaviour across all settings.
    • Arranging a follow-up meeting to review progress.

 

Putting your complaint in writing

IPSEA provide a range of model letters for a wide variety of different issues click here. These can help you to structure your complaint. In the first instance, we advise you to address your complaint to the person in charge of your child’s care e.g. head teacher or SEN caseworker.

 

Complaints about the education providers (e.g. nurseries, schools, colleges)

All education providers should have complaints policy on their website. You need to exhaust this process and work with the provider as closely as possible before escalating your complaints to a body like OFSTED or the Secretary of State for Education.

 

Complaints about the Local Authority

Click here for the local authority complaint process.

If you have completed the LA’s complaints process and are not satisfied with the response, or if you have complained but not had a response within a reasonable time, you can complain to the Local Government and Social Care Ombudsman (LGSCO). Click here for more information about complaints to the LGSCO.

If you are complaining because you think that the LA have not followed the law or have acted unfairly or unreasonably, you may wish to consider requesting a Judicial Review. In a judicial review, the court does not look at whether it agrees with the LA’s decision, but looks at the way the decision was taken. If it finds that the way the decision was taken was unlawful, unfair or unreasonable, it can order the public body to re-make its decision, or order the public body to take a particular action. Click here  to read more about judicial reviews.

 

Complaints about other organisations

Check the organisations website for their specific complaints policy or call us for further advice.

Disability Discrimination

What is disability discrimination?

All early years settings, schools, colleges and local authorities (“LA”) must make sure that they:

  • do not treat children and young people worse than others, or badly, because of their disability, and
  • change what they do (or were planning to do) to make sure a disabled child or young person is not disadvantaged. The type of changes they have to make are called reasonable adjustments. What is reasonable for them to do will depend on the facts.

What should you do if you think discrimination is taking place?

If you believe your child is being treated unfairly by an education provider due to their disability then you should discuss this with them first. Maintaining communication, being solution-focussed and giving the setting time to respond and make changes is key to making things better.

If communication with school does not resolve the issue, then you can make a formal complaint using the school’s complaints procedure.

If the complaint does not resolve matters, you could choose to escalate the complaint to The Department of Education and Ofsted, or you could bring a disability discrimination claim to the SEND Tribunal.

However, it is worth considering whether a disability discrimination claim is the best path of action in your individual circumstances. Discrimination claims are ‘backward looking’, because they focus on a past event of discrimination rather than looking forward to what support is needed. A discrimination claim is likely to have a negative impact on your relationship with the school.

You can read more about disability discrimination and claims to the SEND tribunal here.

Education, Health and Care Plans

What is an EHC Plan?

An EHC Plan is a legal document written by the local authority (LA). It is intended to ensure that children and young people with an EHC plan receive the support they need.

An EHC plan describes your child’s special educational needs (SEN) and the help they will get to meet them.

An EHC plan also includes any health and care support that is needed.

Who can have an EHC Plan?

EHC plans are for children and young people aged 0-25years old who need more support than their school or other setting can provide.

 

You can read more about the support that schools and other settings should provide in the SEN Support in nurseries, schools and collegessection of this website.

 

How do you get an EHC Plan?

The first step is to ask the LA to carry out an EHC needs assessment. A parent can request an assessment for their child at any time. Young people can request an assessment for themselves. Or, nurseries, pre-schools, schools and colleges can make the request.

Click here to make a request for an EHC Needs assessment.

The LA must agree to assess your child’s need if:

 

 

 

The LA must write to you within 6 weeks to notify you of their decision to assess or not assess your child. If they decide that it is not necessary to carry out a needs assessment, they must also tell you about your right to appeal this decision.

 

The EHC Needs Assessment Process

During an assessment, the LA must find out about your child’s educational, health and social care needs. They do this by asking for your views and those of any professionals who work with your child e.g. teachers. They will also arrange any specialist assessments that are necessary to fully understand your child’s needs e.g. assessment by educational psychologists. Everyone will be asked:

  • the needs you child has,
  • the help required to meet those needs,
  • and the outcomes that your child could achieve with that help

The LA must complete the needs assessment within a maximum of 16 weeks from the request for assessment.

 

An EHC plan must be issued if the assessment shows that your child has SEN or disabilities and they need special education via an EHC Plan. This means that they’re needs cannot be met through ‘ordinarily available provision’, also called SEN Support (see the SEN Support section of our website for more information on this.)

 

The LA must write to you to notify you of their decision. If they decide that it is not necessary to make an EHC Plan to meet your child’s needs, they must also tell you about your right to appeal this decision.

 

Draft EHC Plan

If your LA decides to issue an EHC plan following an EHC needs assessment, it must first send you a draft version.

 

A draft EHC plan must not include the name of a particular school or educational setting. It must:

  • set out all of your child’s educational, health and social care needs in sections B, C and D and,
  • specify the provision required to meet those needs in sections F, G and H

 

You will receive a letter with the draft plan telling you that you have 15 days to make comments about the plan. It will tell you that you have the opportunity to request a meeting with the LA to discuss the draft plan. And it will ask you to name your preferred education setting/school when you respond to the draft plan.

 

IPSEA have great resources to help with all this: what an EHC plan should contain, and EHC plan checklist.

 

SENDIASS also have a detailed guide to checking a draft plan and run fortnightly draft plan workshops that you can drop into if you have questions about checking your child’s plan.

 

Naming a school or setting

When you make a request for a particular school, college or other institution, the LA must consult with that institution to decide whether to name it in the final EHC plan (unless your request is for a wholly independent school, where different rules apply). For more information on your rights to request a particular school or other institution, see IPSEA’s advice on choosing a school or other setting.

Final Plan

The LA must issue an EHC plan no later than 20 weeks from the request for assessment.

 

An EHC plan is a legal document. The special educational provision described in an EHC plan must be provided.

 

An EHC plan must name an educational setting or type of setting in section I.

The LA must write to you when they issue the final plan telling you about your right to appeal if you disagree with:

 

  • the special educational needs described in section B
  • the special educational provision in section F
  • the setting or type of setting named in section I

 

Please see the appeals section of our website for more information.

Education other than in school/college

Education other than at School (EOTAS) also known as Education other than in school or college (EOTISC)

 EOTAS in an EHCP

Most children and young people who hold an EHCP attend an education setting. In rare circumstances, where despite the best endeavours of everyone involved, it is determined that it would be inappropriate for provision to be made in any educational setting, a local authority may arrange for special educational provision to be made otherwise than in a school. This is called EOTAS and is intended to be a long-term arrangement for a child.

EOTAS is a form of special educational provision, and therefore should be specified in Section F on an EHC Plan. The specification should state the type of provision to meet need e.g. “2hrs animal therapy per week” but must not name a specific provider e.g. “2hrs at ‘fluffy friends’”.

EOTAS is not an educational setting and therefore cannot be named in section I. Where provision is made through EOTAS, section I should remain blank.

It is the local authority’s duty to identify and secure the provision detailed in a child’s EHCP. They must do this in partnership with parents. However they cannot require parents to take on the responsibility for identifying, arranging or managing EOTAS unless this is done in accordance with a parents wishes and through a personal budget.

EHCPs must still be reviewed annually. For children in receipt of EOTAS, this review should be co-ordinated by their local authority SEN case worker.

 

Alternative Provision/EOTAS for children who are unable to attend school

Sometimes the abbreviation EOTAS is used to describe a alternative provision (AP) that is made for a child with SEND when they cannot attend school due to exclusion, medical needs or otherwise.

In this instance EOTAS or AP is only a short-term arrangement.

The local authority is responsible for securing suitable alternative provision under these circumstances. Although in many cases, it is actually the school that organises the AP.

Alternative provision must be suitable to the child’s age, ability and aptitude, and any special educational needs they have and it must be full-time unless a pupil’s medical condition makes full-time provision inappropriate.

The law does not define full-time and in the case where alternative provision in one-to-one, the hours could be fewer than in school as the education may be more intensive.

Alternative provision made under these circumstances is short-term. Professionals must work with parents to review the child’s needs and put a long-term solution in place. Depending on the circumstance, this may involve carrying out an EHC Needs Assessment, or reviewing an existing EHC Plan to identify the changes that are required to meet the child’s needs.

 

Exclusions

There are only 2 types of exclusions that are lawful:

  1. Suspension – where a pupil is excluded for a fixed period of time.
  2. Permanent Exclusion – where a pupil is unable to return to that school.

All exclusions must be formally recorded.

Informal or unofficial exclusions, including sending pupils home to calm down or because a school does not have resources to meet their needs, are unlawful, even if they occur with the agreement of the parents.

Part-time timetables should never be used to manage a child’s behaviour.

 

Everything possible should be done to avoid excluding. For children with SEND this includes considering whether their behaviour arises from unmet needs and whether it would be appropriate to reassess their needs and/or review their support.

For children with SEND, schools must consider whether it is appropriate to apply general behaviour policies or whether an adjustment to the policy is necessary to meet the child’s needs.

  • For the first 5 days after a permanent exclusion, the school is responsible for setting work.
  • From the 6th day, the local authority is responsible for arranging the child’s education.

 

If you disagree with a suspension of exclusion, you can ‘make representations’ to the school’s board of governors.

  • For suspensions of 1-5 days, governors are unable to change the exclusions but can record their response on your child’s file.
  • For suspensions of 6-15 days, the governors must hold a meeting if you request one.
  • For suspensions of 15+ days the governors must hold a ‘Discipline Committee’ review meeting and invite the parents and child. The committee can uphold the exclusion, or reinstate the child immediately or on an agreed date.
  • For permanent exclusions the governors must hold a Disciple Committee review meeting and invite the parents and child. The committee can uphold the exclusion, or reinstate the child immediately or on an agreed date.
  • For permanent exclusions, if you disagree with the outcome of the Governor’s Disciplinary Committee, you can request that the decision is reviewed by an Independent Review Panel.

 

For more detailed information, please see the school exclusions factsheet.

You can also find free advice on the School Exclusions Hub of the Child Law Advice service.

You can also find free advice on the IPSEA exclusion pages.

 

Health

Pupils at school with medical conditions should be properly supported so that they have full access to education, including school trips and physical education.

Schools must ensure that arrangements are in place to support pupils with medical conditions. They should ensure that school leaders consult health and social care professionals, pupils and parents to ensure that the needs of children with medical conditions are properly understood and effectively supported.

 

Absence due to medical needs

Schools must record absences as authorised where pupils cannot attend due to illness (both physical and mental health related). There is no need to routinely ask for medical evidence to support recording an absence as authorised for mental health reasons.

In instances of long-term or repeated absences for the same reason, however, seeking medical evidence may be appropriate to assist in assessing whether the child requires additional support to help them to attend more regularly, and whether the illness is likely to prevent the child from attending for extended periods. If a parent proactively seeks out a note from a GP, it does not imply a need for absence unless this is explicit in their letter.

Once a parent / carer has provided evidence from a medical practitioner, local authorities should not demand continuing evidence without good reason, even where a child has long-term health problems.

 

Resources for further information

Government guidance for schools: Supporting pupils in school with medical conditions

Government guidance for schools: Promoting and supporting mental health and wellbeing

Child Law Advice service: Mental health support in schools

Resources for parents of children who are struggling to attend: Not fine in school

Youth counselling services on the: Local offer

How should the Local Authority help?

Your local authority (LA) has certain legal duties to help children and young people.

All LAs must identify and assess the special educational needs (SEN) of children and young people in their area when they become aware that they have or may have SEN.

If your child has SEN and goes to an educational setting (nursey, school or college) then that setting needs to provide support. This is called SEN Support.

If your child needs more support than the setting provides through SEN Support then the LA must carry out an education, health and care needs assessment (EHCNA). This can lead to an Education Health and Care Plan (EHCP) being made for your child. Once your child has an EHCP, the LA have a duty to provide all of the support detailed in the plan.

In Hampshire the LA have:

  • The Family Information and Services Hub (F.I.S.H) detailing their Local Offer Click here. The Local Offer should contain information about all the services and support that the LA expects to be available, including services in Hampshire and surrounding areas including independent schools or colleges, therapy services and care placements.
  • Hampshire SEN webpages click here
  • The SEN Service Helpdesk is open from 9:30am to 12:30pm, Monday to Friday via telephone number: 01329 316165 or email SENhelpdesk@hants.gov.uk

 

If you struggle to make contact with the Hampshire SEN Service. You should try the telephone number and contact form (above). If this is not successful, you can find information about complaint here.

Neurodiversity

 

Supporting Neurodivergent Children

We understand that the spectrum of neurodivergence is vast, and every child’s lived experience is unique. Recognising and supporting children with learning differences starts with an individualised approach to ensure that their needs are properly understood and addressed.

We acknowledge that learning environments can often propose challenges to neurodivergent young people and create barriers to their education. It is therefore helpful to offer tailored support that nurtures their strengths and addresses their specific needs. This journey begins with SEN Support (Special Educational Needs Support), which aims to provide the right support and accommodations to enhance their development and success, both in school and in life.

To help you on this journey, we have compiled a list of neuroaffirming resources. These can guide you in creating collaborative conversations for your child or young person with anyone who interacts regularly with them and assist in adopting practices at home. Together you can start creating an environment that aligns with their personal strengths and needs.

Many reasonable adjustments are inexpensive and involve small adjustments in practice rather than expensive equipment or additional staff. Small, considered changes can have a big impact on a student’s education and can benefit all students.

 

Examples of reasonable adjustments

  • Offer alternatives to writing as a key method of recording
  • Provide handouts that contain the key learning points rather than asking pupils to copy text from the whiteboard or take notes
  • Repeat instructions/information and check for understanding of tasks
  • Use visual timetables with colour coding and symbols
  • Alter format options onscreen or on an interactive whiteboard
  • Encourage peer support to record homework tasks in the planner
  • Provide access to assistive technology such as a computer for pupils who find it difficult to read large amounts of text or to write quickly enough in class
  • Use multi-sensory ways of teaching including positioning in the classroom, fidget aids and movement breaks.
  • Allow time to respond as some students are slower to process information
  • Break information and instructions into smaller ‘chunks’
  • Safe places and people the young person can access to support regulation.
  • Regular communication between home and the education setting to ensure changes are effectively communicated.

 

Below are a list of links for further neuroaffirming resources that provide a more extensive information, advice and guidance.

 

 

 

 

Student – Class Task Planner

The aim of this planner is to help students who struggle with planning, prioritising and organisation (executive function skills) to be able to engage well in class.

This is a frequent issue for autistic students and those with ADHD. It is often the case that these students are unable to demonstrate their brilliant ideas, opinions and knowledge as the tasks get in the way. (Pooky Knightsmith)

DOWNLOAD | Student Class Task Planner – Dr Pooky Knightsmith

A Student Passport

A Student Passport can include the young person’s needs and worries and how teachers can assist them with these. Co-produced by the child or young person, their parents, and the school. The document is then kept centrally, to be available to all teachers and support staff.

Downloads | Autistic Girls Network

Reasonable Adjustments

If your child or young person are having difficulties at nursery, school or college we strongly encourage parents to listen to the feedback received from both the school and the child and piece a picture together in order to better understand the difficulties a child is experiencing and assess where support and accommodations can implemented.

 

Here are some links to organisations have created resources with extensive lists of possible adjustments.

 

Understanding and Supporting Dysregulation

Spectrum Gaming is an autistic led UK based charity who aim to create a world where every autistic young person knows who they are, is ok and they can be themselves, whilst developing meaningful relationships and achieving personal goals.

They have created resources to support young people to reach their full potential.

Including: Autism and Sleep, Sensory Toolkit, The Nest Approach – understanding and supporting meltdowns amongst others. Resources | Spectrum Gaming

Personal Budgets

A personal budget for SEN is money identified to pay for support specified in an Education, Health and Care (EHC) plan.

 

There are four ways you can use a personal budget:

  1. Sometimes the local authority, school or college will look after the personal budget for you. This is called an arrangement or a notional budget.
  2. Sometimes you can receive money directly to manage all or part of the personal budget yourself. This is called a direct payment.
  3. Sometimes you can opt to have someone else to manage the personal budget for you. This is called a third party arrangement.
  4. Sometimes you can have a mixture of some or all of these arrangements.

 

Parents of a child with an EHC plan, or a young person with an EHC plan, can request a personal budget either during the drafting of an EHC plan or once the plan has been issued and is under review.

Personal budgets can be used only to fund the support set out in an EHC plan.

Local authorities must provide information on personal budgets as part of the Local Offer.

Sometimes the local authority or the health authority may not agree to a personal budget. If the local authority refuses a personal budget for special educational provision it must tell you why. You cannot appeal to the Special Educational Needs and Disability Tribunal over this refusal.

 

For more detailed information, please see:

Our personal budgets factsheet

IPSEA advice about personal budgets

Information about personal budgets from Hampshire, click here.

 

 

SEN Support in nurseries, schools and colleges

A child has Special Educational Needs (SEN) if he or she has a learning difficulty or disability which calls for special education provision to be made for him or her(Click here to read about this in more detail including exploring the definitions in italics).

Nurseries, schools and colleges should identify and support children and young people with SEND.

Children and young people in mainstream settings may be supported from within the school or other setting’s own resources.

When your child is identified has having SEND, the school should use a “graduated approach” to support them and should make a record of each stage of the cycle. Parents should be involved and consulted at every stage:

Assess:              
Record the SEN they have identified your child as having through their observations and assessments. Sometimes other professionals will be involved in assessments.

Plan:                  
Plan the outcomes they expect to be achieved by your child, and what provision they will put in place to reach those outcomes,

Do:                     
Implement the plans

Review:            
Review the child’s progress toward outcomes and the difference the support has made. Undertake new assessments and update outcomes and plans as required.

One of the key duties is for the nursery, school or college to use their ‘best endeavours’ to support children and young people with SEN. This means doing everything that could reasonably be expected of them.

All mainstream schools have money for SEN support and resources. Schools can decide how they spend this money, also known as delegated funding.

If your child’s mainstream school or college cannot meet their needs through the ‘graduated approach, then they should request an Education, Health and Care Needs Assessment.

The Hampshire LA have:

    • SEN Support Guidance for Early Years Providers. Click here to read.
    • SEN Support Guidance for Schools & Colleges details how mainstream settings are expected to support children with SEND. Click here to read.

 

Service Families

Support from Service Organisations

Service base camps have their own welfare support services which arrange social events to reduce isolation and foster a sense of community. They are a wealth of information on local services so it’s worth checking in with them if you’re new to the area.

In addition to the welfare units on the base, the RAF, Navy and Army have their own welfare services:

The Children’s Education Advisory Service (CEAS) within the Ministry of Defence provides advice and guidance to Service parents, educational establishments and local authorities on educational issues relating to Service children, including issues relating to special educational needs and disabilities (SEND).

CEAS has created a comprehensive guide to the UK education system for forces families which you can see  click here.

Click below for further guidance for service families who have children with additional needs.

Armed Forces Covenant

You may have heard of the Armed Forces Covenant:

The armed forces covenant sets out the relationship between the nation, the government and the armed forces. It recognises that the whole nation has a moral obligation to members of the armed forces and their families and it establishes how they should expect to be treated. The Covenant states that the children of service personnel should have the same standard of, and access to, education (including early years services) as any other UK citizen in the area in which they live. (SEND Code of Practice April 2015)

 

What the law and guidance says about assessing the needs of children of service personnel

The SEND Code of Practice (COP) states:

‘All those with statutory responsibilities towards Service children with SEND should ensure that the impact of their policies, administrative processes and patterns of provision do not disadvantage such children because of their Service-related lifestyle’ (COP 10.55).

This means that the LA should consider the impact on your child of having an enlisted parent when they assess them for services.

Additionally, Please also note ‘When carrying out an assessment of a Service child’s needs or making an Education, Health and Care (EHCP), local authorities must seek advice from CEAS, acting on behalf of the Secretary of State for Defence’ (COP 10.57)

What the law and guidance says about meeting the needs of children of service personnel

If your child is receiving SEND support in a school and you have to move, In respect of Service children, schools and other education providers should:

 

‘Ensure that mechanisms are in place to enable effective and timely receipt and dispatch of all relevant records for Service children with SEND moving between schools in the UK and overseas, to enable effective planning’ (COP 10.56).

 

This means that if your child has SEND but no EHCP and you move, their previous school is required to transfer your child’s school records within 15 school days of your child no longer being registered at that school. However, when transfer arrangements are made in advance, it is good practice for the information to be provided in time for the new school to plan ahead for your child’s needs, such as arranging the teaching methods, equipment or special help that is detailed in your child’s existing Individual Learning Plan.

 

All special needs records and documents for your child should be transferred to the new school, including any detailed background information gathered by the Special Educational Needs Co-ordinator (SENCo), copies of

 

  • Individual Learning Plans
  • Advice of any specialist teachers
  • Advice from other professionals such as Educational Psychologists, Occupational or Speech and Language Therapists working with your child.

It is likely that the new school would want to review your child’s Individual Education Plan as soon as possible; to fully understand your child’s special educational needs and the help they need in order to provide and meet those needs.

You may wish to request a copy of your child’s SEND records if you are moving overseas as your child’s previous school will not be able to transfer records out of England. This will ensure that any new school has the information they need to provide the right support to your child as soon as they arrive.

What happens if you move to a different local authority or health authority

If your child has an EHCP and you move LA, The legal requirement for the new LA to start making the provision in the EHCP is set out in Regulation 15 of the Special Educational Needs and Disability Regulations 2014.

 

This will not happen automatically. Under the law, it happens either on the day of the move or within 15 working days of the new LA becoming aware of the move, if later. Therefore it is best for parents or young people to notify the new LA (usually the SEND team within Children’s Services) in advance that they are going to be moving into the area.

The new LA then has six weeks to notify the parent or young person that the EHCP plan has been transferred and to let them know when it is going to review the EHCP plan.

 

If you have to move and you are in the middle of the EHCP process, The new LA can apply the legal test set out in the law (section 36(8) of the Children and Families Act 2014) which states an LA must consider;

 

  • 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 EHCP.

 

If the answer to both of these questions is yes, they must carry out an EHCP needs assessment.

 

This means that even if the assessment process has been started in one LA, the new LA still has to apply the legal test themselves. If they agree to assess, they should use any reports already generated by the previous LA. Having said this, all LA’s must have regard to the Armed Forces Covenant and should not cause undue delay to the process to not unfairly disadvantage the children of serving personnel.

 

As soon as the EHCP plan has transferred the new LA has the same legal duties as if they had issued the EHCP plan themselves. The most important duty is to ensure the child or young person receives all of the special educational provisions specified in Section F of his EHCP plan.

If the child or young person’s EHCP names a school for which fees must be paid in Section I, ‘the new authority may not decline to pay the fees or otherwise maintain the child at an independent or non-maintained special school or a boarding school named in an EHC plan unless and until they have amended the EHC plan’ (9.159 COP).

 

If it is no longer practicable for the child or young person to attend the school or college named in Section I (perhaps because it is too far away) then the LA must arrange for them to attend another appropriate school until they review and amend the EHCP.

 

The new LA must review the EHCP within either 12 months from the EHCP being made or last reviewed, or 3 months from the date of the transfer, whichever is the later.

 

If the new LA wants to carry out a new EHCP needs assessment it can do so. After a review or re-assessment the new LA could decide to:

 

 

Whichever decision the LA makes, if you disagree with it you can appeal to the First-tier Tribunal. You can see how to lodge an appeal via our appeals section on our website.

 

Where a child or young person with an EHCP moves to Northern Ireland, Wales or Scotland:

The old authority should send a copy of the EHCP to the new authority or board, although there is no obligation on the new authority or board to continue to maintain it. However the COP 10.57 states, When considering provision for Service children with SEND or disabilities, LAs must use all relevant evidence, including statements made for Service children in Wales and Northern Ireland, as well as Co-ordinated Support Plans made for them in Scotland and the Service Children’s Assessment of Need (SCAN) completed for them by SCE who are now part of the Ministry of Defence.

 

Useful links:

 

SSCE Cymru :: Supporting Service Children in Education in Wales

Children & Young People – Forces Children Scotland

Education in the UK for service children – GOV.UK (www.gov.uk)

 

 

Moving to a new health authority:

 

Where the move between local authority areas also results in a new clinical commissioning group becoming responsible for the child the old CCG must notify the new CCG on the day of the move or where they were not aware of the move for at least 15 working days prior to that move or within 15 working days of becoming aware. Where it is not practicable for the new CCG to secure the health provision specified in the EHCP the new CCG must within 15 working days of becoming aware of the change of CCG, request the new local authority to make an EHCP needs assessment or review the EHCP. The new local authority must comply with the request.

 

The NHS has publishes how they will support Forces Families here.

 

If you have an appeal registered with the SEND tribunal service

You must inform the tribunal immediately if you move house. The tribunal service will then contact the new local authority to tell them about the appeal.

The new local authority may be substituted as a party to the appeal as if they had made the decision. Your appeal will be against them, unless there are good reasons why they should not take over the appeal. If the case is transferred to the new local authority, there will be a new case management process and a new timetable for supplying evidence. The old local authority will take no further part in the appeal.

What happens if you move to another country

Defence Children’s Services provides mainstream education for Service children in some overseas locations. As the education, health and social care resources available overseas are different from the UK, MoD services complete an MoD Assessment of Supportability Overseas (MASO) for all Service children with complex needs before an overseas posting is agreed.

 

It is always a good idea to contact CEAS for advice in the first instance but you are still welcome to contact Hampshire SENDIASS at info@hampshiresendiass.co.uk or call 0808 164 5504.

 

You may wish to request a copy of your child’s SEND records if you are moving overseas as your child’s previous school will not be able to transfer records out of England. This will ensure that any new school has the information they need to provide the right support to your child as soon as they arrive.

 

If you are transferred abroad, your child’s EHCP will no longer have any effect as they are not recognised overseas. If your posting is for a limited time and you expect to return to England you may ask that the LA allow your child’s EHCP to become ‘dormant’ rather than ceasing it so it can be reviewed and an updated version be put back in place once you return.

 

SSAFA have created an extensive guide on having a child with additional needs and what support they will get in MOD schools overseas. You can find this here.

 

 

Service Pupil Premium

All schools in England receive a pupil premium for the children of serving personnel from The Department for Education (DfE) to help schools address the specific challenges children from service families face and as part of the commitment to delivering the armed forces covenant. This is called the Service Pupil Premium or SSP.

 

State schools, academies and free schools in England, which have children of service families in school years reception to year 11, can receive the SPP funding. It is designed to assist the school in providing the additional support that these children may need who meets the eligibility criteria.

Pupils attract SPP if they meet one of the following criteria:

 

  • one of their parents is serving in the regular armed forces (including pupils with a parent who is on full commitment as part of the full time reserve service)
  • they have been registered as a ‘service child’ on a school census since
  • one of their parents died whilst serving in the armed forces and the pupil receives a pension under the Armed Forces Compensation Scheme or the War Pensions Scheme

 

Children have to be flagged as service children ahead of the autumn school census deadline. Service parents need to make the school aware of their status by talking to the head teacher or school admin staff.

 

In addition to this there is the DfE’s ever 6 service child measure which states that that any pupil in reception to year 11, who has been flagged as a service child since the 2016 autumn school census, will continue to receive the premium.

 

Ex service personnel should tell the school if they left the armed forces within the last 6 years. Under the DfE’s ever measure, schools will continue to receive SPP for up to 6 years for children whose parent(s) left the armed forces, provided the children were recorded as service children in a school census from 2016 onwards (prior to their parent(s) leaving the forces). The ever measure also applies when service parents divorce or separate or when a service parent dies in service.

 

Eligible schools receive the SPP so that they can offer mainly pastoral support during challenging times and to help mitigate the negative impact on service children of family mobility or parental deployment.

 

For other ideas on what your child’s school could spend the SSP on go to: Service Pupil Premium.

 

If you have a query about the Service Pupil Premium (SPP) Please direct your query to: People-AFFS-Mailbox@mod.gov.uk

 

Wraparound childcare, including eligibility and access for disabled children

The government have created the wraparound childcare scheme which funds out of school hours childcare for eligible children.

 

The Wraparound Childcare (WAC) scheme funds wraparound childcare during term time for eligible Service children aged 4 to 11 years old (up to capped rates).

 

You can apply for up to 20 hours per week, term time only (39 weeks per year) of wraparound childcare funding for 4- to 11-year-old children attending before and after school clubs in the UK.

 

Eligibility criteria

 

At least one partner (or single parent) must be serving as an Armed Forces Regular (including Full Time Reserve Service Full Commitment).

 

Dependent children aged 4 to11 must attend school (including home schooled children) and be living with the serving person for the majority of the time unless separated due to service commitments (deployment, residential courses), or when on serving on unaccompanied assignments overseas involuntarily with the family in the UK.

 

Adopted children, children of long-term relationships and domestic partner children, where they meet the eligibility criteria, are eligible. Where the child is normally resident elsewhere for example with another natural parent or relative, the Service person will be unable to claim WAC funding.

 

Foster children are not eligible, as WAC eligibility is based on Tax-Free Childcare (TFC) criteria set by HMRC, part of the eligibility criteria for TFC is that the parent has responsibility for the child. Fostered children are ‘looked after children’ and the Local Authority (LA) is responsible for them. The way the LA delivers its responsibility is by employing foster carers, but the LA remains responsible for the child.

 

  • The partner of the Service person must be in paid employment, starting or restarting work within the next 31 days (earning the equivalent of 16 hours at national minimum/ living wage). Both partners must each have an adjusted net income of £100,000 or less per
  • The WAC provider must be Ofsted, or equivalent, registered, including schools and childminders.
  • A Tax-Free Childcare (TFC) account must be set up with HRMC for each child that Service Personnel wants to claim the funding for.
  • The childcare provider must also be signed up to the TFC
  • The Service parent has either an assignment order to a UK based unit or is serving on an unaccompanied assignment overseas involuntarily with the family residing in the UK.

 

Service families can check if they are eligible and how to claim WAC funding by visiting the Discover My Benefits website.

 

Contact your unit HR team or admin office for any queries about claims. If you have questions about the policy contact PEOPLE-AFFS-WAC-FRO­ mailbox@mod.gov.uk.

 

Under The Equality Act 2010, a school must take positive steps to ensure that disabled pupils can fully participate in the education provided by the school, and that they can enjoy the other benefits, facilities and services that the school provides for pupils, including extracurricular activities and after school clubs. You can read more about what this might look like here.

 

Reasonable adjustments during the before/after school club is down to the company providing this service but access to the club is the school’s responsibility. So any company that a school permit to provide clubs must be willing to admit all children and to make reasonable adjustments.

 

Your child should not be denied access to wrap around childcare due to their SEND needs.

 

Social Care

It is important to seek support in providing children with care if you feel that you need it.

  • Every ‘local offer’ must include information as to any eligibility criteria governing access to social care services for disabled children and young people; (click here for your local offer).
  • Explain in plain/clear language how services are allocated based on need;

Assessments and services provided by social care

Local authorities have a duty to safeguard and protect children in need, and to promote their upbringing by their families by providing a range and level of services appropriate to those children’s needs. This duty can be broken into 3 main areas:

  1. To Assess

A local authority must assess all children that are identified as children in need. All disabled children are classed as ‘children in need’ and are therefore entitled to an assessment. The assessment of disabled children must consider their needs in relation to:

    • practical assistance,
    • activities at home,
    • recreational activities outside the home (this could be short breaks),
    • assistance to the child in taking advantage of available educational facilities (you can use this duty to argue for home to school transport)
    • (the primary duty for making adaptations to homes are in the Housing Act)
    • additional facilities (this might be safe spaces)
    • holidays (this can include the basic cost of the holiday, not just the costs associated with disability).
    • Meals,
    • Telephone or special equipment

Local authorities must also assess the needs of parent/carers of disabled children. They have the power to combine assessments where it is reasonable to do so.

  1. To Decide

After assessment, the local authority must decide whether it is necessary to meet the child’s needs. A local authority is entitled to take account of the resources available to it when making this decision.

  1. To Provide

Where a local authority decides that it is necessary to make provision in any of the areas listed above, they must do so. There must be a support plan setting out what services will be delivered, and what actions undertaken, by who and for what reason.

 

Further information

Click here for information about Disability Living Allowance

If you are concerned about a child, please contact the Multi-agency safeguarding hub.

Click here for the Hampshire’s Safeguarding Children’s Partnership website which includes safeguarding thresholds.

Transport

Under 5’s

Are not automatically entitled to transport to an early years setting or school.

If your child attends an early years settings, your local authority can use its discretion to provide transport for your child.

If your LA refuses to provide transport and you feel that it is necessary then you could appeal against its decision.

5-16yr olds

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

If your child has special educational needs (SEN), a disability or mobility problems which means they cannot walk to school, then they are an ‘eligible child’ as long as the local authority has not made suitable arrangements for your child to go to a nearer school.

Children are also ‘eligible’ if:

  • They go to a school beyond the statutory walking distance from their home (2miles for under 8yrs, 3miles for 8yrs+ and,
  • Their local authority has not made suitable arrangements for your child to go to a nearer school

The local authority must also make provide transport for a child to children who are eligible for certain benefits.

16-19yr olds

There is no legal duty requiring a local authority (LA) to provide free school or college transport to a young person.

However, where a young person is of ‘sixth form age’ and attends school or college, the law does require LAs to have a ‘Transport Policy Statement’. You should be able to find your LA’s Transport Policy Statement on its website and/or in its Local Offer.

Over 19yrs

Local authorities have certain duties to provide transport to ‘adult learners’ where it considers it ‘necessary’. The local authority must publish its post 16 transport policy which will detail its approach to providing transport for adult learners. If you are an adult learner with an EHC plan, then this could well strengthen the argument that travel arrangements are ‘necessary’ for you. Your LA has a duty to secure the special educational provision set out in Section F of your EHC plan and will have real difficulty doing so if you can’t get to college to access that provision.

Click here for more information on home to school transport from Hampshire County Council.

Year 6 Transition

Transitioning from primary school to secondary school can be an exciting, but also daunting time for many children.  For children with Special Educational Needs and Disabilities (SEND) receiving SEN Support, the change may be particularly challenging.

Mainstream schools have a duty to use their “best endeavours” to ensure that they are doing everything that could be reasonably expected to meet the SEND of its pupils. For children receiving SEN support at primary school, this duty continues into secondary school. The SEND Code of Practice also refers to schools supporting children through transition phases so that they are included in social groups and develop friendships.

Therefore a successful transition from primary to secondary school involves both schools working together. It’s important that your child’s primary school shares as much information as possible with their new school. This will help the secondary school plan how it’ll meet your child’s needs. Both schools should also offer support to children during the transition period to ensure that they feel comfortable with the change. There are also lots of ways parents and carers can help prepare their child for the transition, and help them settle into their new school when they start Year 7.

 

Here is a checklist to ensure information the primary school has about your child’s SEND is transferred successfully to the new school
  • Check that your current school has the young person on the SEN Register which identifies them has having SEN and being eligible to SEN support.
  • Has the current school had their planning meeting with the new school where they talk about the needs of your child and what support will need to be put in place. You can ask to be involved in this meeting.
  • Support plan, learning levels and SATs scores – has this been forwarded?
  • Obtain printed versions of the support plan prior to leaving
  • Contact details for the SENCo/Pastoral support within the new school
It’s helpful if your child’s primary school compiles a profile of your child which can be passed on to the secondary school. This could include details of:
  • Your child’s particular profile, such as with mobility, communication, concentration, etc.
  • The special measures that support their learning, like extra time for tasks, one-to-one support, visual timetables, handwriting aids.
  • Strategies that help them cope with school life, such as movement breaks, time out, or a buddy system in the playground.
Here is a checklist of things that can be done with the secondary school to help the transition period go smoothly for both your child and the new school
  • Check what transition activities they already have planned for the Year 6 pupils. Transition schedules will normally be published on the secondary schools website and may include things like SEND tours, SEND visits, induction days and summer schools. Find out how to book onto these activities if you think it will help your child.
  • Obtain a social story Social stories and comic strip conversations (autism.org.uk) including any pictures of the setting and key staff members such as their tutor, year lead, pastoral or support staff they will be interacting with.
  • Consider how they can make the school accessible to your child, for example by providing them with a colour coded map to look at over the summer break with clear markers for pastoral/support areas, toilets and lunch areas.
  • Have they received pupil profile, and any materials supplied by you, their current school, or other professionals involved in their care
  • Can you arrange a meeting with you and your child to get to know them better and discuss their needs and how they can be catered for.
  • They should prepare all the staff who will be involved with your child so they understand their needs and can make them feel welcome and included.
  • Ensure they have observed your child on induction days to see how they cope with the new environment and teaching practices.
Here is a checklist of ways to prepare your child during the summer holidays
  • Try a walk or drive by to familiarise your child with the busy start and end of day.
  • Rehearse the expected travel route to and from school together at first, then following them at a safe distance.
  • Spend time with your child looking at the school map learning where everything is.
  • Practice wearing the uniform/ PE Kit and if there any sensory concerns are there alternatives that could be discussed with the school.
  • Create a checklist for all the equipment your child will need. This could be laminated and used daily as a tick list.
  • Your child is likely to have their own questions about starting secondary school, so encourage them to write them down and ask a member of staff at the induction days or for you to email to the contact at the new school.
  • Finally, try working through this booklet or one similar to look at what moving up to secondary looks like for your child – My moving up to secondary school booklet : Mentally Healthy Schools
Here is a checklist of things you can do to help your child settle in and complete the transition in the first term of the new school
  • Continue to refer back to any transition resources your child used to help prepare them for the move.  For example, remind them of who they can talk to if they need more help, continue to talk to them about their worries and what they can do help themselves solve these worries.

 

  • Make sure you know who to contact if your child starts to experience difficulties with school.  There may be areas of concern that emerge that were not considered during the transition period, and it is important to raise these with the school as early as possible to address them.

 

  • Ask for a meeting to be arranged in the first term to review the support plan for your child, so that you can talk about any concerns early on and make any adjustments as needed.
What to do if you have an issue with the support for your child

You can resolve many issues by talking to your child’s school or setting. Speak to the class or form teacher and the SENCo and involve senior school leaders if needed. When a child or young person is receiving SEN support, schools should talk to parents to set clear outcomes and review progress towards them. They should discuss activities and support that will help achieve outcomes. They should identify the responsibilities of the parent, the pupil and the school.

 

Guidance

 

The SEND Code of Practice states that schools should meet parents at least three times each year (paragraph 6.65). But parents can request more meetings than this if needed.

 

If the school are finding it hard to implement any of the ordinarily available support they may seek support via a referral to the Inclusion Support Service (ISS) for Hampshire

 

If you are still not happy with the action taken by the school, a copy of every school’s complaints procedure should be available and is often published on the school’s website. The school’s SEN Information Report should include arrangements for handling complaints.

Additional Resources

The local authority have some useful resources detailing what schools in your area are committed to achieving for your young people, if your transition is hitting a few obstacles here are some useful links of what level of support you are entitled to.

 

Local Offer  (fish.hants.gov.uk)

 

  • SEN Threshold Guidance
  • Ordinarily Available Provision Guidance
  • Inclusion Toolkit
  • Reasonable Adjustments

 

External resources include:

 

Supporting children’s transition to secondary school: guidance for parents and carers | Anna Freud

 

Reasonable Adjustments Possible at School | Autistic Girls Network

 

BITESIZE CPD: EBSA/School Anxiety – Starting the Day Right – Dr Pooky Knightsmith

 

Education Support | Autisticrealms

Young People’s Page

What is SENDIASS 

    • Click here for a  short video looking at what IAS services are, what they can do, and how they can help.

My EHCP

    • Click here for an easy to follow short animation to learn about person centred planning and the aims to put children and young people at the centre of planning and decisions that affect you.

Help at School/College

Mental Health Support

Life Choices and Support in Adulthood

Useful Links

IPSEA

IPSEA provide free and independent legal advice and support to families of children and young people with SEND. 

Contact

Contact is a charity for families with disabled children. They support families, bring families together and help families take action for others.

Local Offer

The Local Offer includes information about education, health, social care, preparation for adulthood, leisure services and impartial information advice and support.

Information, Advice & Support Services Network

The IASSnetwork provide information, advice and support to children and young people with SEND and their parents.

Family Fund

Family Fund is a charity providing grants for disabled children and their families.