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Contents

1.	Changes in the Code of Practice
2.	Special Educational Needs (SEN) Provision
	2.1	School Action
	2.2	School Action Plus
	2.3	Statutory Assessment
	2.4	The Statement
	2.5	Individual Education Plans (IEP's)
	2.6	Annual Reviews
	2.7	The Transition Plan
3.	Parent Partnership Services (PPS)
4.	Disagreement Resolution Services
5.	Southwark Education/Social Services Partnership Arrangements
6.	The Social Worker’s Role and Responsibilities for Children Receiving SEN Support
7.	Appendices
	Appendix A: Normal Time Limits for making Assessments and Statements
	Appendix B: Continuum of Special Educational Needs

1. Changes in the Code of Practice

The Special Educational Needs Code of Practice provides advice to local education authorities and schools on carrying out their statutory duties to identify, assess and make educational provision for children’s special educational needs (SEN).

The Special Educational Needs Code of Practice has been revised to incorporate changes in practice and takes into account developments in education. The new Code of Practice was effective from January 2002.

Additional guidance has been introduced in the form of a SEN Tool kit. The Tool kit provides additional guidance to professionals to assist them in their role when working with children who have Special Educational Needs (SEN). The Tool kit is divided into 12 small books. Book 11 is of particular relevance to Social Services. Each social work team manager has a copy of the Code of Practice and the Tool kit. More copies are available from the Department for Education and Skills.

The main changes in the Code of Practice are:

• More emphasis on Inclusion: The expectation is that nearly all children will attend mainstream schools.
• More emphasis on child participation: Children should be consulted about their view of their SEN and the support they need.
• Increased emphasis on parental involvement: Services to support parents/carers of children with SEN should be provided to help inform and support them. They should also help to resolve any differences of opinion between parents/carers/social workers and schools or local education authorities about the SEN of their children.
• Matching special educational provision to children’s needs should be done through a graduated approach using resources available at school action, school action plus or a Statement of SEN.
• Increased multi-agency working to support children with SEN with clearer responsibilities for social services and social workers.

2. Special Educational Needs (SEN) Provision

See also Appendix B: Continuum of Special Educational Need

In order to help children with SEN, schools should adopt a graduated response that employs a variety of strategies to the continuum of SEN.

Schools should use all available class and school resources before expecting to call on outside resources.

Appropriate action will often result in a child’s SEN being met. Only for those children whose progress continues to cause concern should additional, or different, action be taken through school action or school action plus. These actions should not be seen as hurdles on the way to statutory assessment but as a means of matching SEN provision to the child’s needs.

2.1 School Action

A child will be assessed as having SEN if they do not make adequate progress.

Adequate progress can be viewed as progress that:

• Closes the attainment gap between the child and their peers
• Prevents the gap growing wider
• Is similar progress to that of their peers starting from the same attainment baseline
• Matches or betters the child’s previous rate of progress
• Ensures access to the full curriculum
• Demonstrates an improvement in self-help, social or personal skills
• Demonstrates improvements in the child’s behaviour

If a child doesn’t make adequate progress, there should be planned intervention. This is called school action. The need for school action will be decided by the teacher/Special Educational Needs Coordinator (SENCO) through a continuous process of monitoring and assessment in consultation with the parent/carer. Social workers should be informed when a child they work with is given school action support.

Nature of intervention through school action:

• Extra adult time in devising the nature of the planned intervention and monitoring its effectiveness
• Provision of different learning materials or special equipment
• Some individual or group support
• Staff development and training to introduce more effective Strategies

If, despite extra support through school action, the child still fails to make adequate progress then increased intervention should be planned. This is called school action plus.

2.2 School Action Plus

School Action Plus support is characterised by external support services (although they should not be regarded as exclusive to this stage of intervention). Referrals to the support services are made by the SENCO.

These extra support services will need to observe the child, preferably within the class setting, and have access to the previous records.

Examples of external support services offered in Southwark (November 2002):

• Southwark Traveller Education Project
• Social communication support services (autistic spectrum disorders)
• Hearing support services
• Visual impairment support services
• Literacy support services*
• Art therapy*
• Behaviour support services*

*Services that require funding from the school using school action plus money

The external specialist may:

Act in an advisory capacity

Provide additional specialist assessment

Be involved in teaching the child directly

2.3 Statutory Assessment

See also Appendix A: Normal Time Limits for making Assessments and Statements

If, despite extra support through school action plus, the child still fails to make adequate progress then a request for a statutory assessment may be made to the local education authority.

The statutory assessment is a process that local education authorities undertake when they believe that a child’s SEN could only be met through making a Statement. The school will need to provide evidence of the child’s difficulties and action taken.

Evidence to be provided:

• The school’s action through school action and school action plus
• Individual Education Plans (IEP’s) for the child
• Records of regular reviews and their outcomes
• The child’s health and medical history where relevant
• National Curriculum (NC) levels
• Attainments in literacy and mathematics
• Educational and other assessments (e.g. from an Educational Psychologist or advisory specialist teacher)
• Views of the parent and child
• Involvement of other professionals
• Any involvement of social services or education welfare services

The local education authority looks at all the evidence and has six weeks to decide whether a statutory assessment is necessary. They inform Social Services at this point that a request for a statutory assessment has been made. Social Services do not need to respond at this time. They may, however, wish to start collecting evidence in case a statutory assessment is agreed.

If a local education authority decides not to make a statutory assessment they must explain the reasons for this to the parents/carers and social worker and should also set out the provision they consider would meet the child’s needs appropriately.
If the local education authority decides to make the assessment, they must seek written advice from:

• Parents/carers and social workers
• The school
• Health Trusts
• Social Services (See appendix: Guidelines for writing social services advice)
• Educational Psychologists
• Other agencies involved

They should also seek advice from anyone the parent has consulted (where the parent wants their advice given) and ascertain the views of the child. Parents should be informed of any assessments or medicals etc. that have been arranged for their child and invited to attend.

The local education authority, having looked at all the evidence and advice, will draw up a draft Statement.

This will include the type and quantity of provision that the child will need to help them make adequate progress. It will not name a school at this stage. If the social worker is concerned about any of the information or the provision described in the Statement, they should discuss it with the SEN caseworker allocated to the child. They will also discuss the naming (choice) of a school if this is appropriate.

Naming a school

Parents may express a wish for the maintained school of their choice. (A maintained school in this context is one financially supported by the LEA, any community, foundation, or voluntary mainstream school, or community or foundation special school.) The education authority must comply with the request of those with Parental Responsibility unless:

• The school is unsuitable for the child (e.g. because of the child’s age, ability, aptitude and/or the child’s SEN)
• The placement would be incompatible with the efficient education of other children in the school/class
• The placement would be incompatible with the efficient use of resources
• The local education authority must consult the school that the parents have named giving them the Statement with the appendices. They must ensure that the school can make the special educational provision necessary to meet the child’s SEN.

If the parent’s choice of a particular school cannot be met, the local education authority should identify and, having consulted the school, must name that school unless it is incompatible with the education of the other children and the efficient use of resources.

Schools should respond within working 15 days unless the time period falls within a school holiday that is longer than 2 weeks.

Education otherwise than at school

Local education authorities can arrange for some or all of a child’s SEN provision to be made otherwise than at school, e.g. at a Pupils Referral Unit, through home tuition or with education that reflected key stage 4 (14 – 16 year olds) flexibilities.

Social Services may sometimes make their own arrangements although this is usually inadvisable. Social Services would be required to provide the funding. In these cases, the local education authority should still satisfy itself that the provision would meet the child’s SEN. The Statement will then name the type of provision provided rather than the school and the local education authority should still maintain the Statement and review it annually.

Assessment and emergency placements

In very exceptional cases it may be necessary to make an emergency placement for a child e.g.

• A sudden change in medical circumstances
• Where all agree that a sudden and serious deterioration in a child’s behaviour make a child’s current placement unsafe
• Where a child suddenly arrives in the borough with such significant learning difficulties that would normally warrant a Statement
• Where a child returns from a secure unit or young offenders unit

An emergency placement should only occur when all involved with the child agree. The local education authority should immediately start a statutory assessment. This assessment will not necessarily conclude that a Statement is necessary.

2.4 The Statement

Local education authorities must send a copy of the final Statement to the parents/social worker.

Keeping and transferring Statements

If a child moves to a new area, the old local education authority must transfer the Statement to the new authority, which will become responsible for maintaining the Statement and for providing the special educational provision specified in the Statement.

The new local education authority has a duty to ensure that the child continues attending the school named in the Statement unless it is inappropriate to do so, e.g. where travel considerations apply.

Writing a Statement of SEN

The final Statement will:

• Give a description of all the child’s current difficulties
• Set out the main educational and developmental long-term objectives to be achieved by the special educational provision over the life of the Statement
• Describe the provision to be made by the local education authority and the school to meet the child’s SEN
• Describe the arrangements for the IEP and the first Annual Review
• Name the particular school or educational provision, which the local education authority consider appropriate
• Specify any non-educational needs that the child has that need meeting so that they can benefit from the SEN provision
• Specify the non-educational provision that is required to meet the identified non –educational needs and who should provide them.

The Statement must be signed by an appropriate Education Officer and dated.

Appendices

All the advice obtained during the assessment process must be attached to the Statement as appendices. This will include advice from parents/social workers, the child’s school, health authorities, Educational Psychologists, the child’s view and advice from other agencies or individuals suggested by the parents/social worker.

Ceasing Statements

Local education authorities may cease a Statement if they believe the child’s SEN can be met within the resources normally available to schools. However, they need to consider if the child’s progress will be halted if the provision in the Statement was not available to support the child.

They will cease to have the responsibility to maintain a Statement if a young person leaves a school at 16 and attends Further Education (FE) provision.

If, however, there is all round agreement that a young person’s 16+ educational needs will be best met in school provision, the local education authority should continue to maintain the Statement.

If a local education authority considers that a young person’s SEN can best be met in FE provision but parents want the young person to continue at school, the local education authority can cease to maintain the Statement.

Amending an existing Statement

A Statement may be amended in the following circumstances:

• After an Annual Review
• When a child transfers schools
• After an assessment
• After a SEN Tribunal.

Other essential information

Parents/carers and social workers should be informed at each decision-making stage of the availability of Section 3, Parent Partnership Services (PPS) and Section 4, Disagreement Resolution Services and of their right to appeal to the SEN Tribunal.

Lack of competence in English must not be equated with SEN as understood by this Code. However, when children who speak English as an additional language make slow progress, it should not be assumed that their language status is the only reason; they may have learning difficulties.

2.5 Individual Education Plans (IEP’S)

An IEP is a planning, teaching and reviewing tool. It underpins the intervention for individual pupils with Special Educational Needs.

An IEP should be drawn up where necessary to plan interventions for individual pupils made through:

• Early Years Action or Early Years Action Plus (for children under school age)
• School Action or School Action Plus
• Statements of SEN

The following should be included in the IEP:

• 3 or 4 short term targets set for or with the pupil from the key areas of communication, literacy, mathematics, behaviour and social skills
• The teaching strategies to be used
• The provision to be put in place (see later)
• When the plan is to be reviewed
• Success and/or exit criteria
• Outcomes (to be recorded when the IEP is reviewed)

Overarching long-term aims can be helpful.

IEP’s should focus on current priorities and targets; strategies should be linked to the overall objectives and provision set out in the Statement.

SEN provision should not be viewed solely as extra individual or group one-to-one support. It could be:

• Further differentiation
• Different or additional learning methods
• Special equipment
• Group, individual or peer support
• Extra adult time planning intervention and monitoring effectiveness

When pupils in the same group, class or subject lesson have common targets, a Group Education Plan can be drawn up. Individual monitoring and reviewing still needs to take place.

IEP’s can be discussed, but need not be reviewed, at Annual Reviews (although in practice they usually will be).

IEP’s should be reviewed at least twice yearly but preferably every school term.
One review could coincide with a parents’ evening

2.6 Annual Reviews

Purpose

To make sure that at least once a year the parents, pupil, local education authority and all professionals involved monitor and evaluate the continued effectiveness and relevance of the provision set out in the Statement.

Pre Review

• Social workers of Looked After children must be invited to the annual review.
• The written views of all those involved with the child should be sought. Reports should be circulated to parents and professionals 2 weeks before the meeting.
• Translators and interpreters should be provided if appropriate.
• If a pupil or family member(s) have communication difficulties due to physical or sensory impairment, then there may need to be more time allowed and extra support/equipment arranged.

The agenda for the Annual Review meeting

1. A review of progress, in which the following will be considered:

• The child’s and the parent’s view
• The success the child has achieved in meeting the targets in the IEP (short term) and the objectives set out in the Statement of SEN (long term)
• National Curriculum levels and current levels in literacy and numeracy
• Any continuing difficulties, noting successful strategies

2. Recommendations - the following should be considered:

• Is the provision still appropriate?
• How can inclusion be promoted?
• Is any further action required and if so, by whom?
• Should the Statement of SEN be amended and if so, why and how?

3. Planning for the next 12 months:

• A target for each SEN identified in the Statement for the coming year
• The next IEP should also be discussed
• Any other issues and further action required, with a named person
• Transport arrangements if they need to be changed

4. Interim meetings

Interim reviews do not have to follow procedures set out in regulations but may be part of the planning process especially for very young children or when needs are expected to change.

After the Annual Review

The Head Teacher will send a report of the review to the local education authority, which will include the recommendations as well as the consensus of the meeting whilst reflecting any dissent. The local education authority will then decide whether to maintain, amend, cease the Statement of SEN or start a new statutory assessment. The local education authority will then write to parents/social workers and the school informing them of their decisions, together with reasons.

Incorporating PEP’s into Annual Reviews

For the procedure in relation to PEP’s, see Education of Looked After Children Procedure.

Much of the discussion that takes place at an Annual Review will provide information required for the Personal Education Plan (PEP).

It is not necessary to hold an additional meeting. However, the school and social worker will need to make sure that all the information needed for the PEP is shared.

The Annual Review report could be attached to the PEP to avoid duplication where the information required is the same.

2.7 The Transition Plan

What is a Transition Plan?

The Transition Plan should draw together information from a range of individuals within and beyond school in order to plan coherently with the young person for their transition to adult life.

The Plan should focus on strengths and needs and build on previous targets set at Annual Reviews and covers all aspects of a young person’s development

The Plan should be seen as a continuous and evolving process and not simply about post-school arrangements but could include areas that require an in-school response. It must be framed in terms that allow for monitoring and continuous review with tangible outcomes and clear and realistic milestones with commitment from the young person.

The first plan must be completed following the Annual Review of the Statement of SEN held in year 9 and updated on at least an annual basis.

Responsibility for the Transition Plan

• For a young person attending school - The Head Teacher is responsible for ensuring that each young person with a Statement of SEN has a Transition Plan. This may be delegated to a Connexions Personal Adviser or another member of school staff.
• For a young person whose education is otherwise than at school - The local education authority will convene the meeting and a wider range of professionals may need to be invited and a wider range of issues discussed.
• For a young person outside the education system - The Connexions Service has a particular responsibility to re-engage young people outside formal education in their learning.

Annual Review in year 9 and subsequent years

A Connexions Personal Adviser must attend Year 9 reviews. The Head teacher must also invite a representative of Social Services so that any parallel assessments under other legislation can contribute to and draw information from the review process.

For some young Disabled people and Looked After children, the Year 9 review will be a particularly important opportunity to begin to identify adult placements, relevant networks and possibly supported living placements.

The involvement of the social worker should ensure that planning for a young person’s further education, housing and care requirements is undertaken in a long term and appropriate way.

The Head Teacher must also invite a representative of the relevant health trust where appropriate.

Every Looked After Child on their 16th birthday must have a Pathway Plan. The Pathway Plan should build on Care Plans and Personal Education Plans mapping out a pathway to independence, including education, training and employment. The Connexions Personal Adviser must work with the young person and others to devise the plan and ensure its implementation. See CLA Service - Succeeding into Adulthood.

Pupil involvement

The views of young people must be sought during the transition phase. Pupils should be encouraged to look to the future and plan how they will develop the academic, vocational, personal and social skills necessary to achieve their long-term objectives.

Pupils will be most effectively involved in decision-making when supported by information, careers guidance, counselling, work experience and the opportunity to consider a wide range of options during years 9 to 11.

3. Parent Partnership Services (PPS)

Local education authorities are required to set up PPS to enable parents to play a more active and informed role in the education of their children with SEN. Much of their work centres on equality of provision and reaching out to parents who for one reason or another may have difficulty supporting their child’s education. Their work is of particular relevance to social workers with cases involving unaccompanied asylum-seeking minors, disability, family support and Referral and Assessment Teams.

Their key activities are:

• To work directly with parents offering support in groups or individually. They offer impartial advice and empower parents to be effectively involved in their child’s education. They also provide independent parental supporters where required.
• To provide unbiased information and make sure it is accessible to all parts of the community.
• To offer training in SEN procedures.
• To help local education authorities and schools establish good relationships with parents

4. Disagreement Resolution Services

Schools should have procedures in place to help resolve disagreements i.e. informal discussions and a complaints procedure.

However, local education authorities must provide an independent service to help those in disagreement about SEN provision, e.g. between parents and schools or parents and local education authorities, find mutual solutions/agreements. Local education authorities must ensure this service is provided, fulfils its role and is made known to those who could benefit from the service.

The Process

Southwark’s Disagreement Resolution Service is available through the Parent Partnership Service and provides for the following:

1. A Mediator (a neutral third party) is appointed
2. The Mediator talks with the participants making sure they are fully informed of the process and clarifying the issues they want to bring to disagreement resolution.
3. A Resolution meeting is then arranged at a mutually agreed time and place. The Mediator manages the process exploring the issues and options that both parties can agree on.
4. The Mediator also ensures that both parties abide by the agreements.
5. The involvement of legal representatives is not permitted.
6. The child’s attendance is considered inappropriate although their views should be known.
7. Parents can have support from an advocate/Independent parental supporter/friend.

Mediation can only work if:

• Each side takes responsibility to try and reach a solution and be committed to following it through
• The process is seen to be fair and impartial
• Parties attending the mediation have the power to settle the dispute

Benefits of Disagreement Resolution

• More creative solutions
• Builds trust and ownership
• Facilitates communication.

5. Southwark Education/Social Services Partnership Arrangements

In the new Code of Practice, Social Services and Health Trusts are required to work with local education authorities to coordinate and support the education of children with SEN.

The Southwark arrangements provide for the following:

• The appointment of a Designated Officer within Social Services to have key responsibilities for Looked After children with SEN.
• The establishment of an Education Steering Group to plan and coordinate educational services for all looked after children (attended by senior managers from Education and Social Services).
• The Southwark Placement Panel to meet monthly to make decisions on resources including requests for residential placements with education (attended by senior managers of Social Services and a SEN manager). The Placement Panel has no authority to make agreements on the behalf of Southwark education authority. Joint funding would always need to be agreed by Southwark SEN.
• The Southwark SEN Panel to meet every school term to consider complex SEN cases (attended by Education senior managers and the Designated Officers from Health and Social Services). Enquiries about Panel decisions should be made through the named SEN caseworker.
• An annual planning meeting to review partnership arrangements and identify priorities for the year (attended by senior managers from Education and Social Services).
• A QP Education Project to provide advice and support to social workers on educational issues. Each social work team has an allocated worker (a qualified and experienced teacher) who works alongside social workers in their teams one day a week.
• Arrangements for the sharing of data are ongoing and informal.
• A LEA Advisory Teacher for Designated Teachers for Looked After Children. The teacher advises and supports Designated Teachers for Looked After Children in Southwark schools and promotes understanding of how to help looked after children achieve particularly through the PEP process.
• A jointly funded Education Support Worker for Southwark residential units provided by Shaftesbury. The worker supports young people’s attendance in schools and helps identify school placements.

6. The Social Worker’s Role and Responsibilities for Children Receiving SEN Support

Social workers should have a basic knowledge and understanding of the SEN Code of Practice

They should know if the children they are working with are receiving SEN provision through school action, school action plus or a Statement of SEN and what that special education provision is.

Social workers should provide advice for statutory assessments within the time limits, using attached guidance notes. They should ensure that children attend medicals/tests etc. required as part of the statutory assessment

Social workers for Looked After children, children on the Child Protection Register and children who are registered as Disabled should attend Annual Reviews for children with a Statement of SEN. In exceptional circumstances if they are unable to attend, they should write a report for the review.

Social workers should consult with the appropriate local education authorities when they are moving a Looked After Child with a Statement of SEN from the area of one education authority to another. This should be done in advance of the move, if possible, so that the new education authority can receive the papers from the previous authority and plan appropriate provision. (If it is an emergency placement, the local education authority should be informed as soon as possible).

Social workers should ensure that all Looked After children have their Special Educational Needs met. They should advocate for that child e.g. they should ensure that they participate fully in their school, have access to a broad and balanced curriculum and ensure they are receiving the named extra support.

Social workers should ensure that plans for a Looked After child’s education are included in the Care Plan. This is done through the PEP, which once a year can be incorporated into the Annual Review for children with a Statement of SEN.

Social workers should ensure that a child’s views of their SEN and his or her education are taken into account in IEP’s, PEP’s and Annual Reviews.

7. Appendices

Click here to view Appendix A: Normal Time Limits for making Assessments and Statements.

Click here for Appendix B: Continuum of Special Educational Need.

End