Statements of SEN are being replaced with a jointly assessed Education, Health and Care (EHC) plan, which will cover children and young people from birth to the age of 25. The majority of children and young people that currently have a Statement of SEN will be transferred to an EHC plan by 1st April 2018.
New law called Children and Families Act 2014 was introduced on 1st September to replace the Education Act 1996, associated regulations and the SEN Code of Practice 2001.
The Children and Families Act 2014 makes sure that families are at the centre of the assessment and planning process and that those assessments are co-produced with families or with young people themselves.
All children with Statements due to be transferred during the transition period must continue to receive the provision as per their Statement under the previous legislation (i.e. the Education Act 1996, associated regulations and the SEN Code of Practice 2001); until a transfer takes place.
If your child currently has a statement of SEN the Local Authority has a duty under the 1996 Education Act to review his statement annually.
Some children with Statements may no longer require a transfer to an EHC Plan. If the objectives of the statement have been met and any remaining SEN can be met through the Local Offer the Local Authority will cease to maintain the statement as it is no longer needed.
If your child till has needs that warrant a statement, then we can start the transfer process.
The transfer process from Statement to EHC Plan takes 20 weeks and we could divide it in 5 main stages:
The Local Authority (the LA) will write to you asking if you want to go ahead with the transfer process.
If you would like to go ahead, you will need to sign and return the consent form to the LA before the transfer can take place.
The LA, together with your child’s educational setting will bring together existing reports and information about your child.
If you agree the Local Authority will arrange a Transfer Review Meeting. You will be informed of the date of this meeting at least two weeks before it takes place and you will be given information about what happens next.
2) The Transfer Process:
At the Transfer Review Meeting you, your child’s educational setting and the Local Authority will decide whether the information the LA has about your child is good enough to use for a new Education, Health and Care (EHC) Plan.
If it is, the Draft Plan can start to be written.
If not, the LA will ask the relevant services for more information.
Independent Supporters can support you through the process and will make sure that your and your child’s views are represented.
3) Section A: All About Me:
This stage enables your son or daughter, with support if needed, or you if your child is happy with that, to tell us about what is working well and what isn’t working well, about what support is helpful at the moment, and very importantly, your child’s hopes and aspirations for the future. This will be written down as a Child or Young Person’s Profile.
4) Developing the Draft Plan:
This is when the personalised Draft EHC Plan will begin to develop.
It will be co-produced between your son or daughter, yourself, the educational setting and the practitioners that are providing advice.
A Multi Agency (parents, educational setting, LA representative, educational psychologist, any relevant professional) Draft Plan Meeting will be held to agree on outcomes, what will help to meet the outcomes and how everyone will work together to achieve this
5) Receiving the Final Plan:
Once the Draft EHC Plan is complete the LA will consider the Plan and decide whether or not your child’s needs and the desired outcomes can be met by the Local Offer without a plan or whether a Final Plan should be issued.
If a Final EHC Plan is issued, the LA will agree the resources to support the Plan.
The EHC Plan will be reviewed at least annually to make sure it is still relevant to your son or daughter. In some cases, it may be reviewed more frequently, if this is agreed by you, your child and those practitioners providing support.
For further information, please contact us.