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Special Educational Needs and Disabilities Information, Advice & Support Service (SENDIASS)

SENDIASS offers impartial, confidential information, advice and support for parents and carers of children and young people (aged 0-25) with special educational needs or disabilities and children (16 years and under) with special educational needs or disabilities. 

Access to this service is via the FISH helpline: Tel: (01482) 396469 

or via  Email: sendiass@eastriding.gov.uk 

SENDIASS will respond to your enquiry within two working days. 

Impartial, confidential information, advice and support for parents and carers of children and young people (birth to 25 years) with special educational needs or disabilities and children (under 16 years) with special educational needs or disabilities. 

The knowledgeable, trained, friendly team includes: SENDIASS Coordinator and SENDIASS Officers.

 

Who is this for?

  • Parents and carers of a person (birth to 25 years) with special educational needs or disabilities
  • Children (16 years and under) with special educational needs or disabilities
  • Professionals needing signposting and procedure information around the SEND Code of Practice
  • Any type of disability or learning difficulty, diagnosis not needed.

How to access

  • You can self refer by calling
  • You can self refer with an online form or email

Age

  • 0-25

Cost

  • Free

Registered service and regulatory body

Meets the Department for Education's (DfE) Quality Standards for services providing information, advice and support.

Minimum Standards for SEND Information, Advice and Support Services

Easy Read Minimum Standards (11.7mb, opens in a new window)


Staff training and experience

The SENDIASS Coordinator receives independent training on SEN and disability law, school admissions, school exclusions and health and social care law. Many years' experience of providing impartial information, advice and support in relation to meeting the needs of children and young people with SEN or disabilities. The SENDIASS coordinator and Officers have IPSEA legal training level 1, 2 and 3.


Contact

Address
SEND Information, Advice and Support Service (SENDIASS)
County Hall
Cross Street
Beverley
HU17 9BA

Email
sendiass@eastriding.gov.uk
Phone
(01482) 396469

  SENDIASS information leaflet

What do we mean by impartial information, advice and support?

This information is about the impartial information, advice and support required by the SEND Code of Practice .

What does the SEND Code of Practice say?

The Children and Families Act 2014 says local authorities must provide information advice and support about special educational needs (SEN), disability, health and social care for children, young people and parents.

The SEND Code of Practice (section 2.1) says:

Local authorities must arrange for children with SEN or disabilities for whom they are responsible, and their parents, and young people with SEN or disabilities for whom they are responsible, to be provided with information and advice about matters relating to their SEN or disabilities, including matters relating to health and social care. This must include information, advice and support on the take-up and management of Personal Budgets. In addition, in carrying out their duties under Part 3 of the Children and Families Act 2014, local authorities must have regard to the importance of providing children and their parents and young people with the information and support necessary to participate in decisions.          

This means that every local authority should provide a service that is free, easy to access and confidential and that can help children, parents and young people take part in decisions that affect their lives.

The Local Offer must include information about the sources of information, advice and support for parents, children and young people and how this is resourced.

In East Riding of Yorkshire council this service is provided by East Riding's SENDIASS.

 

What do we mean when we say we are impartial?

The SEND Code of Practice (section 2.8) says:

The information, advice and support should be impartial and provided at arm’s length from the local authority and Clinical Commissioning Groups               

This means that the information, advice and support that we offer are firmly based in the law and the SEND Code of Practice .

SENDIASS officers provide unbiased information and advice about the local authority’s policies and procedures and about the policy and practice in local schools and other settings.

We do not give priority to any particular impairment, disability or special educational need, nor do we campaign for any particular approach to education.

By being impartial we aim to help parents, children and young people have clear, accurate and relevant information that will help them take part in decisions about their lives.


How do we know that we are impartial?

It is very easy to be biased. Everyone has opinions about most things! Sometimes people can be biased without even realising it.

That is why we really value your opinion about the information, advice and support we offer. We want you to tell us if you think we are not impartial. To help us check that we are impartial we routinely ask those who use our service to say whether they think we have been biased one way or another.

At East Riding's SENDIASS, we ensure that it is "at arm's length" from the Local Authority. By this we mean that we act, and are seen to act, separately and impartially, with no undue influence or control from either the Local Authority or the Clinical Commissioning Group in our area.


What information, advice and support do we offer?

We offer accurate, up to date and impartial resources and information about the law on special educational needs and disability. This covers:

·        education, health and social care

·        national and local policy

·        the Local Offer

·        your rights and choices

·        your opportunities to participate

·        where you can find help and advice

·        how you can access this support.

You may want help to gather information, make sense of it and apply it to your own situation. We call this advice and we offer this service by email, on the telephone, face to face and through work with groups or in training.

We can also offer more intensive support if you need it. This can include helping with letters, attending meetings with you or supporting you in discussions with the local authority, school or other setting.  

When we are not able to help we will do our best to tell you about, or put you in touch with, other groups or organisations that can help. We call this signposting.

Is the service confidential?

YES!

We will not share your information with anyone unless you tell us we can and we have gained written consent. The only exception to this would be because we have a specific concern about a child’s safety.

 

Where can I find out more?

You can read about impartial information, advice and support in the SEND Code of Practice Chapter 2.

SENDIASS Privacy Policy: (external council website)


The Local Offer includes details of East Riding Of Yorkshire Council arrangements for providing information, advice and support.


What is SEN?

The Special Educational Needs Code of Practice: 0 to 25 years describes SEN as:

“A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for him or her.

A child of compulsory school age or a young person has a learning difficulty or disability if he or she:

  • has a significantly greater difficulty in learning than the majority of others of the same age, or
  • has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions

For children aged two or more, special educational provision is educational or training provision that is additional to or different from that made generally for other children or young people of the same age by mainstream schools, maintained nursery schools, mainstream post-16 institutions or by relevant early years providers. For a child under two years of age, special educational provision means educational provision of any kind.

A child under compulsory school age has special educational needs if he or she is likely to fall within the definition above when they reach compulsory school age or would do so if special educational provision was not made for them (Section 20 Children and Families Act 2014).

Post-16 institutions often use the term learning difficulties and disabilities (LDD). The term SEN is used in the Code across the 0-25 age range but includes LDD.”


What must school do to meet SEN?

Schools must “use their best endeavours to make sure that a child with SEN gets the support they need. This means doing everything they can to meet children and young people’s SEN.”

School must inform you if the think your child has an SEN and should follow a cycle of SEN support this is:

Assess

The school should assess the child’s needs, involving their teacher, the SENCO and any necessary specialist advice. They should assess the child’s progress, attainment and behaviour. Alongside this their progress in relation to peers and national data. School should also take seriously any concerns raised by parents.

Plan

Where it’s decided SEN support is needed the parents must be formally notified, although parents should have previously been involved. The parent, pupil, teacher and SENCO should agree the adjustments, intervention and support to be put in place.

Do

The class or subject teacher remains responsible for working with the child on a daily basis. Even if it is group or one to one teaching away from the main class, the still retain responsibility. They should work closely with teaching assistants and the SENCO in the implementing the support.

Review

The effectiveness of support and interventions should be reviewed in line with agreed dates. The impact and quality of the support and interventions should be evaluated. This should include the views of the parent and pupil. It should provide clear information about the impact of the support and interventions. This enables planning for the next steps of support.

 Every child with special educational needs should have SEN support.

This information is about the support that mainstream schools must and should provide for children with special educational needs (SEN).

The SEND Code of Practice (section 6.1) says:

All children and young people are entitled to an education that enables them to make progress so that they:

•    achieve their best

•    become confident individuals living fulfilling lives, and

•    make a successful transition into adulthood, whether into employment, further or higher education or training                        

The duties on schools to make SEN provision

The SEND Code of Practice (section 6.2) says mainstream schools must:

•    use their best endeavours to make sure that a child with SEN gets the support they need – this means doing everything they can to meet children and young people’s SEN

•    ensure that children and young people with SEN engage in the activities of the school alongside pupils who do not have SEN

•    designate a teacher to be responsible for co-ordinating SEN provision – the SEN co-ordinator, or SENCO.

•    inform parents when they are making special educational provision for a child

•    publish an SEN information report and their arrangements for the admission of disabled children, the steps being taken to prevent disabled children from being treated less favourably than others, the facilities provided to enable access to the school for disabled children and their accessibility plan showing how they plan to improve access progressively over time              

What is SEN support?

Every child with special educational needs should have SEN support. This means help that is additional to or different from the support generally given to most of the other children of the same age.

The purpose of SEN support is to help children and young people achieve the outcomes or learning objectives set for them by the school in conjunction with parents and pupils themselves.

Every school must publish an SEN information report about the SEN provision the school makes. You can find this on the school’s website. You can also ask your child’s teacher or the school’s Special Educational Needs Coordinator for information on the SEN provision made by the school.

The Local Offer published by East Riding Of Yorkshire Council also sets out what support it expects early years settings, schools and colleges to make for all children and young people with SEN or disabilities.

SEN support can take many forms, including:

•    a special learning programme for your child

•    extra help from a teacher or a learning support assistant

•    making or changing materials and equipment

•    working with your child in a small group

•    observing your child in class or at break and keeping records         

•    helping your child to take part in the class activities

•    making sure your child has understood things by encouraging them to ask questions and to try something they find difficult

•    helping other children work with your child, or play with them at break time

•    supporting your child with physical or personal care, such as eating, getting around school safely, toileting or dressing.

•    advice and/or extra help from specialists such as specialist teachers, educational psychologists, and therapists.

When schools want to call in specialists, they should discuss and agree this with parents.

Who decides what SEN support my child has?

The SEND Code of Practice (section6.17) says
Class and subject teachers, supported by the senior leadership team, should make regular assessments of progress for all pupils. These should seek to identify pupils making less than expected progress given their age and individual circumstances.                              
The school should then decide if your child needs SEN support.  The school should talk to you and your child about this. If a young person is 16 or older the school should involve them directly.
Sometimes you may be the first to be aware that your child has some special educational needs. If you think your child may need SEN support you should talk to your child’s teacher or to the Special Educational Needs Coordinator.
If you are not happy about the support your child has you can ask to talk to the Special Educational Needs Coordinator or head teacher. You can also find out more by looking at the local offer or speaking with SENDIASS.

A graduated approach

The SEND Code of Practice (section 6.44) says:
Where a pupil is identified as having SEN, schools should take action to remove barriers to learning and put effective special educational provision in place.                                                

When your child is identified has having SEN, the school should use a graduated approach based on four steps. These are:


Assess

Teaching staff should work with the Special Educational Needs Coordinator to assess your child’s needs, so that they give the right support. They should involve you in this and, where possible, seek your child’s views.

The SEND Code of Practice (section 6.45) says:
Schools should take seriously any concerns raised by a parent.           
Sometimes schools will seek advice from a specialist teacher or a health professional. They should talk to you about this first.

Plan

If the school decides that your child needs SEN support it must tell you. The school should agree with you the outcomes that will be set, what help will be provided and a date for progress to be reviewed.

Do

Your child’s class or subject teacher is usually responsible for the work that is done with your child, and should work closely with any teaching assistants or specialist staff involved. The school should tell you who is responsible for the support your child receives.

All those who work with your child should be made aware of:

The SEND Code of Practice (section 6.49)
their needs, the outcomes sought, the support provided and any teaching strategies or approaches that are required.

Review

The SEND Code of Practice (section 6.65) says
Schools should meet with parents at least three times a year.   

The school should review your child’s progress, and the difference that the help your child has been given has made, on the date agreed in the plan. You and your child should be involved in the review and in planning the next step.
If your child has not responded to the help they were given, the review should decide what can be done next. This may include more or different help.

Sometimes it helps to involve other professionals to investigate the difficulties or to plan the next steps.
You and the school can look at the Local Offer to see what support should be available that could help achieve your child’s outcomes.
Sometimes the next step may be to ask the local authority for an EHC needs assessment. If the school decides to do this they must tell you. If you think it is needed you can ask for it yourself.


What is an EHC needs assessment?

An EHC needs assessment is a detailed look at the special educational needs (SEN) of a child or young person and the support he or she may need in order to learn.
Local authorities are responsible for carrying out EHC needs assessments under the Children and Families Act 2014.

The needs assessment brings together information about:
•    what your child can and cannot do
•    the special help they need.

It includes information from:
•    you
•    your child
•    the early years’ setting or school
•    other professionals who work with or support your child.

The assessment is to see if your child needs an Education, Health and Care plan (EHC plan).

When is an EHC needs assessment necessary?

The school or early years setting can often give your child help through SEN support. This means that the school makes additional or different provision from that provided to most other pupils to meet their needs. Sometimes other professionals will give advice or support to help your child learn.

Some children need more help than the school can provide. If your child does not make progress despite everything the school has tried, an EHC needs assessment might be the next step.

The SEND Code of Practice  (section 9.14) says:
In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.            
 
The local authority will look at:
•    your child’s attainments and rate of progress
•    their special educational needs
•    what has already been done
•    the difference that support has made
•    your child’s physical, emotional and social development and health needs.

The law states that if your child has or may have special needs and may need provision to be made via an EHC plan, the local authority must conduct an EHC needs assessment. This means that you do not have to prove that an EHC plan is definitely necessary to obtain an assessment, you just have to show it may be necessary. If you think your child needs more help than the school can provide, you can ask for an assessment.

The SEND Code of Practice (section 9.3) says:
A local authority must conduct an assessment of education, health and care needs when it considers that it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.       

Some children and young people will have needs that clearly require an EHC needs assessment and EHC plan. Immediately the local authority is aware that this is the case it must start the process without delay.
You can find out more about the criteria that local authorities should follow in the SEND Code of Practice sections 9.3 and 9.14 to 9.16.

Who can ask for an EHC needs assessment?

•    parents – by writing to the local authority
•    a young person over the age of 16 but under the age of 25
•    the early years setting or school, but only after talking with you first.

It is always a good idea to talk to the school or early years setting before asking for an EHC needs assessment.
East Riding SENDIASS can help you make your request.
Other people, such as your doctor or a health visitor, can tell the local authority that they think your child needs an assessment.

What happens when the local authority gets a request for an EHC needs assessment?

As soon as the local authority gets a request for an EHC needs assessment they must tell you about it.

The SEND Code of Practice (section 9.12) says:
In considering whether an EHC needs assessment is necessary, local authorities should pay particular attention to the views, wishes and feelings of the child and his or her parent, or the young person.                                                   

The local authority has up to six weeks to decide whether to make a needs assessment. During this time it may ask you, the school and other professionals for information.
It will look at all the information and must then tell you whether it has decided:
to start the EHC needs assessment immediately
OR
that an EHC needs assessment is not necessary.

What happens if the local authority decides that an EHC needs assessment is not necessary?

The local authority must tell you why it thinks that an EHC needs assessment is not needed. It must also tell you about:
•    your right of appeal to the Special Educational Needs and Disability Tribunal and the time limit for appealing
•    independent disagreement resolution and mediation
•    how to get further information, advice or support.

If you disagree with the decision SENDIASS can explain your options to you.

What happens if the EHC needs assessment goes ahead?

The SEND Code of Practice (section 9.21) says:
Local authorities must consult the child and the child’s parent or the young person throughout the process of assessment and production of an EHC plan. They should also involve the child as far as possible in this process. The needs of the individual child and young person should sit at the heart of the assessment and planning process.                                                        

The local authority will write to you to tell you what will happen and ask for your views. Your views and your child’s views are really important. East Riding SENDIASS can give you information, advice and support to help you with this.

The local authority will ask a number of other people for information about your child. This is called ‘advice’ and it should include information about:
•    your child’s education, health and care needs
•    the desired outcomes for your child
•    the special educational, health and care provision that might be required to meet their needs and achieve the desired outcomes.

The local authority must ask for advice and information from:
•    parents (or the young person)
•    your child’s early years setting or school
•    an educational psychologist
•    health professionals who work with your child. This might include a paediatrician, speech and language therapist, physiotherapist or occupational therapist.
•    social care staff
•    anyone else you ask them to contact who may be able to give relevant advice.

If your child has a vision or hearing impairment the local authority must also seek information and advice from a suitably qualified teacher.
 
The local authority should also try to find out your child’s views. You, the school and other professionals may be able to help with this. If you think your child needs someone to help them give their views you can ask East Riding SENDIASS for more information about this.

You will have the chance to discuss your child with everyone involved in the needs assessment and you will receive a copy of all the reports when the needs assessment is finished.

If you want information, advice or support during the EHC needs assessment contact East Riding SENDIASS
You can find out more about advice and information for EHC needs assessments in the SEND Code of Practice sections 9.45 – 9.52.

What if some of this advice is already available?

Sometimes advice and information is already available because other professionals have been working with your child.

The SEND Code of Practice (section 9.47) says:
The local authority must not seek further advice if such advice has already been provided (for any purpose) and the person providing the advice, the local authority and the child’s parent or the young person are all satisfied that it is sufficient for the assessment process. In making this decision, the local authority and the person providing the advice should ensure the advice remains current.        

When does the EHC needs assessment end?

Once the local authority has all the information and advice it must decide whether your child needs an Education, Health and Care plan.

An EHC plan is a legal document written by the local authority. It describes the special educational needs that a child or young person has and the help that they will be given to meet them. It also includes the health and care provision that is needed. You can read more about EHC plans at [Insert link to your EHCP Information resource].

Sometimes the local authority will decide that your child has special educational needs that can be met through SEN support. If this is the case the local authority must tell you of its decision within 16 weeks of receiving a request for an EHC needs assessment. The local authority must also tell you about your right of appeal.

If the local authority decides an EHC plan is necessary it must first write a draft plan. It will send you the draft EHC plan and copies of the reports so that you can read it all. You should check that everything you think is important has been included and that you agree with the outcomes and the proposed provision. The local authority will also ask you which school you prefer your child to go to.

You have 15 days to make comments, to ask for a meeting or accept the draft plan.
Note that if you do not reply within 15 days the local authority may assume that you agree with the draft plan.

The last stage is for the local authority to send you the final EHC plan. If you are still unhappy with the plan or cannot agree with the local authority on a school, you have a right to go to mediation and/or to appeal (see below).

If you need help at any stage you can contact East Riding SENDIASS

How long does all this take?

The local authority receives a request for an EHC needs assessment. The authority must tell parents about this request

This is the start date

The local authority decides whether an EHC needs assessment is needed. The authority must tell parents about its decision

Within six weeks of the start date

The EHC needs assessment takes place

This starts as soon as the decision is made

EITHER

 

The local authority tells the parents of the decision not to issue an EHC plan

Within 16 weeks of the start date

OR

 

The local authority sends a draft EHC plan to parents

 

Parents must respond to the draft EHC plan. They can:
·    agree that the draft is adequate
·    ask for changes
·    ask for a meeting.
Parents have the right at this point to state a preference for a school or early years setting

Within 15 days of receiving the draft EHC plan

The local authority consults with the school or early years setting

Within 15 days of parents’ response to the draft EHC plan

The local authority issues the final EHC plan

Within 20 weeks of the start date

 Sometimes this timescale can be different. See SEND Code of Practice section 9.42.

What if I do not agree with the local authority about the EHC needs assessment or the EHC plan?

At any stage you can ask to talk to a member of the local authority’s staff. This will usually be the person named in the letter the local authority sends to you when it receives a request for an EHC needs assessment.

If the local authority decides that an EHC needs assessment and an EHC plan are necessary for your child, they must carry out the assessment and issue a plan whatever your views are.

East Riding SENDIASS can give you impartial information and advice about the options open to you, and support you through the process.

You also have a right to request independent disagreement resolution and, in some circumstances, mediation. You can find out more about disagreement resolution and mediation in the Education section and in the SEND Code of Practice Chapter 9 and on the KIDS Mediation directory page

What is an Education, Health and Care plan?

An Education, Health and Care plan (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 provision that is needed. It is a legal document written by the local authority and is intended to ensure that children and young people with an EHC plan receive the support they need.

EHC plans replaced Statements of Special Educational Need and Section 139 Learning Difficulty Assessments (LDA) on 1 September 2014.

EHC plans are for children and young people who need more support than their school or other setting can provide. The plans can start from a child’s birth and continue into further education and training.

The SEND Code of Practice (section 9.2) says:
The purpose of an EHC plan is to make special educational provision to meet the special educational needs of the child or young person, to secure the best possible outcomes for them across education, health and social care and, as they get older, prepare them for adulthood.                                                    

Who needs an EHC plan?

EHC plans are for children and young people who have a special educational need or disability that cannot be met by the support that is available at their school or college.
Most children and young people with special educational needs will have help given to them without the need for an EHC Plan. This is called SEN support.
The purpose of SEN support is to help children achieve the outcomes or learning objectives that have been set for them.

Some children and young people may not make the progress expected of them even with this help. When this happens the Local Authority carry out an EHC needs assessment. A few children and young people have such significant difficulties needs that an EHC needs assessment should not be delayed.

You or your child’s school can ask the local authority to make an EHC needs assessment. When this assessment is finished the local authority must decide whether to issue an EHC plan.

The SEND Code of Practice (section 9.14) says:
In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.            

The law states that if your child has or may have special needs and may need provision to be made via an EHC plan, the local authority must conduct an EHC needs assessment. You do not have to prove that an EHC plan is definitely necessary to obtain an assessment, you just have to show it may be necessary. If you think your child needs more help than the school can provide, you can ask for an assessment.

Children and young people who had a Statement of Special Educational Need should now have transferred to an EHC plan.

What does an EHC plan include?

The SEND Code of Practice says that EHC plans should:
•    be based on decisions made openly, and with parents, children and young people
•    describe what the child or young person can do
•    be clear, concise, understandable and accessible
•    consider how best to achieve the outcomes for the child or young person. They must take into account the evidence from the EHC needs assessment
•    specify clear outcomes
•    consider alternative ways of providing support if a parent or young person wishes it. This could include having a Personal Budget
•    show how education, health and care provision will be co-ordinated
•    be forward looking – for example, anticipating, planning and commissioning for important transition points in a child or young person’s life
•    describe how informal support as well as formal support from statutory agencies can help in achieving agreed outcomes
•    have a review date.                                  

There is a full list of principles and requirements in the SEND Code of Practice section 9.61.

Every EHC plan must include at least 12 sections, but each local authority can decide how to set these out.
The sections are:
A: The views, interests and aspirations of you and your child or the young person.
B: Your child’s or young person’s special educational needs.
C: Health needs related to their SEN or to a disability.
D: Social care needs related to their SEN or to a disability.
E: Planned outcomes for your child or the young person.
F: Special educational provision. Provision must be specified for each and every need shown in section B.
G: Any health provision required that is related to their SEN or to a disability.
H1: Any social care provision that must be made for your child or young person under 18.
H2: Any other social care provision required that is related to their SEN or to a disability.
I: The name and type of the school, maintained nursery school, post-16 institution or other institution to be attended.
J: Details of how any personal budget will support particular outcomes and the provision it will be used for.
K: The advice and information gathered during the EHC needs assessment
Where the child or young person is in or beyond year 9, the EHC plan must also include the provision required by your child or young person to help prepare for adulthood and independent living.

You can read the full list of what must be included in each section in the SEND Code of Practice sections 9.62 and 9.63.
You can find a detailed checklist covering each of these sections at IPSEA EHC plan checklist.

EHC plan checklist - IPSEA website (external website)


How will I be involved?

The SEND Code of Practice (section 9.21 and 9.168) says:
Local authorities must consult the child and the child’s parent or the young person throughout the process of assessment and production of an EHC plan.     
and
Reviews must be undertaken in partnership with the child and their parent or the young person, and must take account of their views, wishes and feelings, including their right to request a Personal Budget.                         

Your views, and your child’s views, are really important. The local authority, school or college should help you take part and involve you in decision making. If you would like help to do this please contact East Riding SENDIASS for impartial advice and support. We can also give you information on other sources of help, and on what to do if you do not feel that you have been heard or listened to.


 

The law says that parents or the young person has a right to request that a particular school, college or other institution is named in the EHC plan. The Local Authority must agree to this request unless:
•    it would be unsuitable for the age, ability, aptitude or SEN of the child or young person, or 
•    the attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources 

You can find out more about your rights to request a particular school or college in the SEND Code of Practice sections 9.78 to 9.90.



A Personal Budget for SEN is money identified to pay for support specified in an Education, Health and Care plan (EHC plan) for a child or young person with special educational needs. It can include funds from the local authority for education and social care and from the Clinical Commissioning Group (CCG) for health. 

There are four ways you can use a personal budget:

  • Sometimes the local authority, school or college will look after the Personal Budget for you. This is called an Arrangement or a Notional Budget.
  • Sometimes you can receive money directly to manage all or part of the Personal Budget yourself. This is called a Direct Payment.
  • Sometimes you can opt to have someone else to manage the Personal Budget for you. This is called a Third Party Arrangement.
  • Sometimes you can have a mixture of some or all of these arrangements.

 

Who can have a Personal Budget?

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.

You do not need to have an EHC plan to get Personal Budgets for social and health care, but once you have an EHC plan, or one is being prepared, you can request budgets for all three areas of support. You must have an EHC plan to get a Personal Budget for special educational provision.
However, you do not have to have a Personal Budget.

The SEND Code of Practice (section 9.96) says:
Local authorities must provide information on Personal Budgets as part of the Local Offer. This should include a policy on Personal Budgets that sets out a description of the services across education, health and social care that currently lend themselves to the use of Personal Budgets, how that funding will be made available, and clear and simple statements of eligibility criteria and the decision-making processes.

You can see East Riding Of Yorkshire Council policy on Personal Budgets in the Money Matters section .

A young person with an EHC plan can ask for their own Personal Budget after the end of the school year in which they become 16.

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.

What can a Personal Budget be used for?

Personal Budgets can be used only to fund the support set out in an EHC plan. This must be agreed by the local authority for education and care support, and by the health authority for the health provision.

You can find out what can be included in a Personal Budget in the Local Offer. You can also ask East Riding SENDIASS for more information about this.

A Personal Budget for educational provision cannot cover payment for a place at the school or college. A Personal Budget can include any top up funding. It can also include support that is managed by the school or college – but only if the Head teacher or Principal agree.

You can find out more about what can be included in a Personal Budget in Sections 9.110 to 9.118 of the SEND Code of Practice.

What is the difference between a Personal Budget and a Direct Payment?

A Personal Budget shows you what money there is to make some of the provision specified in an EHC plan, and who provides it. The parent or young person does not actually manage the funds directly.

With a Direct Payment the parent or young person is given the money for some services and manages the funds themselves. The parent or young person is responsible for buying the service and paying for it.

A Personal Budget can include a Direct Payment if it is agreed that this is the best way to manage part of the Personal Budget.

Direct payments can be used for special educational provision in a school or college only if the school or college agree. Local authorities can refuse a direct payment for special educational provision if it would make things worse for other children and young people with an EHC plan, or if it would be an inefficient way to pay for services.

It is also possible to have a Third Party Arrangement to manage a Direct Payment.

How much will I get if I have Direct Payments?

How much you get will depend on what has been set out in the EHC plan. So it will vary from one person to another.

If the local authority has agreed to make a Direct Payment it must be enough to pay for the service or services specified in the EHC plan.


Where can I get further information, advice or support?

You can see East Riding Of Yorkshire Council policy on Personal Budgets

SENDIASS can also give you:

  • more information about Personal Budgets, including Direct Payments
  • advice on whether you may be able to get a Personal Budget and how you can apply for it
  • information and advice on local services, organisations, and resources that may be able to help
  • information, advice and support on what you can do if you are unhappy with the local authority's decision on your Personal Budget.

 

School Transport

Automatically eligible?

Some pupils are automatically eligible to apply for free transport on council operated bus services based on the distance from their home to the school.
For those pupils who are moving from Year 6 into Year 7 the following September, the Local Authority is able to work this out as soon as pupils have been allocated their schools in March of each year.

Can my child get a bus from more than one address? 

Yes, in the case of a split family. When parents separate, they both retain parental responsibility and have equal rights relating to their children. Some children may live with each parent for part of the school week e.g. three days with one parent and two days with the other. In these cases, entitlement to transport to each of the parent's home addresses is assessed and if the child is entitled to free transport from both then they will be granted free transport to both addresses. If the child is not entitled to free transport from one address then the parent may purchase a travel pass if they wish.

My child has an Education, Health and Care Plan – will they qualify for free transport?

Children with statements of SEN or Education, Health and Care (EHC) Plans may qualify for free home to school transport. Please find information on the IPSEA website about transport for school or college.

Transport to School or College - IPSEA website (external website)


Medication in schools

The government published statutory guidance on "Supporting pupils at school with medical conditions" in 2014 which requires schools to have arrangements in place to support pupils with medical conditions. In doing so it should ensure that such children can access and enjoy the same opportunities at school as any other child.

This guidance explains that governing bodies must;
“…make arrangements to support pupils with medical conditions in school, including making sure that a policy for supporting pupils with medical conditions in school is developed and implemented. They should ensure that sufficient staff have received suitable training and are competent before they take on responsibility to support children with medical conditions.”

You may find it useful to familiarise yourself with the school’s policy on supporting pupils with medical conditions, you can ask for a copy of this from school alternatively this may be available on their website.
The guidance says this policy must include;
•    The procedures to be followed whenever a school is notified that a pupil has a medical condition
•    The role of Individual Healthcare Plans
•    Roles and responsibilities of those involved in the arrangements school make to support pupils with medical conditions
•    How staff will be supported in carrying out their role and how this will be reviewed including specifying how training needs are assessed and how and by whom training will be commissioned and provided
•    Arrangements for children who are competent to manage their own health needs and medicines
•    Procedures to be followed for managing medicines
•    What should happen in an emergency situation
•    Information regarding what practice is unacceptable
•    How complaints concerning the support provided to pupils with medical conditions may be made and will be handled.
Governing bodies should ensure that the school’s policy covers the role of Individual Healthcare Plans. Individual Healthcare Plans provide clarity about what needs to be done, when and by whom.

Governing Bodies should;
“…ensure that plans are reviewed at least annually, or earlier if evidence is presented that the child’s needs have changed. They should be developed with the child’s best interests in mind and ensure that the school assesses and manages risks to the child’s education, health and social wellbeing, and minimises disruption.”

An Individual Healthcare plan could include;
•    Medical condition (including triggers, signs, symptoms and treatments)
•    Level of support needed
•    Who will provide this support
•    Who in school needs to be aware of the child’s condition
•    Arrangements for school trips/activities
•    What to do in an emergency
The LA has a responsibility towards children of compulsory school age that because of illness cannot attend school at all or can only attend intermittently. The government provided statutory guidance for local authorities on this responsibility in “Ensuring a good education for children who cannot attend school because of health needs”.

Unable to attend school due to medical reasons

Local authorities must;
“Arrange suitable full-time education (or as much education as the child’s health condition allows) for children of compulsory school age who, because of illness, would otherwise not receive suitable education.” (p4)
Suitable education means suitable to the child’s age, aptitude, ability and any special educational needs that he or she may have.
There will be circumstances where your child will receive suitable education that meets their needs without the intervention of the local authority for example where they can still attend school with some support or where school has made arrangements to deliver suitable education outside school.
There is no absolute deadline by which the local authority must have started to provide education for children with additional health needs but local authorities should arrange provision as soon as it is clear that an absence will last more than 15 days and it should so at the latest by the sixth day of the absence. Local authorities should work closely with medical professionals and the child’s family, and consider the medical evidence. Collaboration between relevant services involved is essential to delivering effective education for children with additional health needs.
Ensuring a good education for children who cannot attend school because of health needs explains that the local authority should have a named officer responsible for the education of children with additional health needs, and parents should know who that person is. The local authority should also have a written, publicly accessible policy on their arrangements to comply with their duty towards children with additional health needs.
When the time comes for your child to reintegrate back into school, you may find it useful to work with the school and if relevant the local authority to explore an individually tailored reintegration plan. You may also wish to include the school nurse in these conversations.

 Fixed term exclusions

Fixed term exclusion is school exclusion for a set period of time. These should be for the shortest appropriate amount of time. Fixed term exclusions may be used for up to 45 days per year; this doesn’t have to be for a continuous period.
During the first 5 days of exclusion parents are responsible for their child's whereabouts and ensuring they are not in a public without reasonable justification.

Who can exclude a child from school?

Only the Head teacher or acting head has the power to exclude a Child. You should be informed of the exclusion as soon as possible. You should also be given a letter explaining the reasons for the exclusion and the length of the exclusion.
School are responsible for setting and marking work during the first 5 days of exclusion. From and including the 6th day of exclusion the local authority is responsible for arranging full time education.
Informal exclusions such as being asked to take your child home without formally excluding from the school is unlawful. They shouldn’t be asked you to keep your child off school because they’re unable to meet their special educational needs.

What if I disagree with the exclusion?

Schools will not usually hold a meeting if the child has been excluded for less than 5 days. You can however still request a meeting takes place.
You can ask the school’s governing body to overturn the exclusion if either:
•    your child has been excluded for more than 5 days
•    the exclusion means they’ll miss a public exam or national curriculum test

Meetings about the exclusion

If you disagree with the exclusion you can request a meeting with the school governors. If the exclusion takes the child over 15 days of exclusion in a term the meeting must be held. If the exclusion is between 5 and 15 days a meeting can be requested.

The meeting consists of:
Panel of at least three Governors
Yourself and your child (you can be accompanied by a friend or someone to support you if you wish)
The Head Teacher
A representative of the Local Authority
Any witnesses to the incident
A person to take the minutes

During the meeting the governors will introduce everyone. The head teacher will give the reason for the exclusion
You will have an opportunity to speak on behalf of your child, they may wish to speak themselves or provide their views in writing.
The Governors can ask questions of both parties.
The Local Authority representative will give their view of the exclusion.
After both the Head Teacher and parents/carers have been given the opportunity to summarise, everyone except the Governors will be asked to leave the room to allow them to reach a decision.
The Governors can confirm the Head Teacher’s decision to exclude your child or allow them to return to school. You will be informed of their decision in writing without delay.
If your child has a disability this should be taken into account when making the decision to exclude as schools are under a duty to make reasonable adjustments to ensure that children who have a disability are not placed at a disadvantage to other pupils who don’t under the Equality Act 2010. Disability discrimination claims have to be made within 6 months of the exclusion.

Permanent Exclusions

Where a decision is made to permanently exclude a child, a child is no longer allowed to attend the school and their name will be removed from the school roll.
A Permanent exclusion should only be taken:
•    In response to a serious breach, or persistent breaches of the school’s behaviour policy; and
•    Where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.
Any exclusion from school can have serious implications for a pupil and should only be used as a last resort. Before deciding to exclude, the school must have tried all other methods of help to support your child in school.
During the first 5 days you as parents are responsible for your child’s whereabouts, you must make sure that they are not in a public place without reasonable justification during school hours. You could be prosecuted if your child is found in a public place when they’re not supposed to be.

Who can exclude a child from school?

Only the Head teacher or acting head has the power to exclude a Child. You should be informed of the exclusion as soon as possible. You should also be given a letter explaining the reasons for the exclusion, the fact that it is permanent and your right to make representations without delay. It will also inform you of your right to attend a meeting where the school Governors have a duty to consider the exclusion.
School are responsible for setting and marking work during the first 5 days of exclusion. From and including the 6th day of exclusion the local authority is responsible for arranging full time education.
Informal exclusions such as being asked to take your child home without formally excluding from the school is unlawful. They shouldn’t ask you to keep your child off school because they’re unable to meet their special educational needs.

Meetings about the exclusion

If you disagree with the exclusion you must be invited to attend a meeting with the school governors. This must be arranged within 15 days of you been notified of the exclusion.
 This meeting consists of:
Panel of at least three Governors
Yourself and your child (you can be accompanied by a friend or someone to support you)
The Head Teacher
A representative of the Local Authority
Any witnesses to the incident
A person to take the minutes

During the meeting the governors will introduce everyone. The head teacher will give the reason for the exclusion.  
You will have an opportunity to speak on behalf of your child, they may wish to speak themselves or provide their views in writing.
The Governors can ask questions of both parties.
The Local Authority representative will give their view of the exclusion.
After both the Head Teacher and parents/carers have been given the opportunity to summarise, everyone except the Governors will be asked to leave the room to allow them to reach a decision.
The Governors can confirm the Head Teacher’s decision to exclude your child or allow them to return to school. You will be informed of their decision in writing without delay.
If your child has a disability this should be taken into account when making the decision to exclude as schools are under a duty to make reasonable adjustments to ensure that children who have a disability are not placed at a disadvantage to other pupils who don’t under the Equality Act 2010. Disability discrimination claims have to be made within 6 months of the exclusion.

If the exclusion is upheld

If the permanent exclusion is upheld by the Governors then you have the right to appeal to an Independent Review Panel (IRP). You have the right to appeal within 15 school days of notice being given to you the parent by the Governors of their decision or within 15 school days of the final determination of a claim of discrimination under the Equality Act 2010.

The IRP’s role is to review the decision of the Governors, although they are unable to reinstate your child at school. They can recommend or direct the Governors to reconsider the exclusion. You can request a SEN Expert at an IRP who can provide impartial advice to the panel about how SEN could be relevant to the exclusion.

 Who can appeal to the Tribunal?

  •  Parents of compulsory school age children or parents and
  • Young people over compulsory school age where they have the mental capacity to make the decision or their representative/ parents where they lack capacity.

What can be appealed to the Tribunal?

The SEND Code of Practice says that parents and young people can appeal to the Tribunal about:

  • a decision by a local authority not to carry out an EHC needs assessment or re-assessment
  • a decision by a local authority that it is not necessary to issue an EHC plan following an assessment
  • the description of a child or young person’s SEN specified in an EHC plan, the special educational provision specified, the school or other institution or type of school or other institution (such as a mainstream school/college) specified in the plan or that no school or other institution is specified
  • an amendment to these elements of the EHC plan
  • a decision by a local authority not to amend an EHC plan following a review or re-assessment
  • a decision by a local authority to cease to maintain an EHC plan (section 11.45)

You can find out more about appeals to the Tribunal in the SEND Code of Practice sections 11.39 to 11.55.

What are the time limits for appealing?

If you wish to register an appeal with the First Tier Tribunal (SEN and disability) you first have to consider whether to enter mediation and obtain a certificate saying you have considered it (unless your appeal is only about the name of the school/college of type of school/college named in the plan). Please read the Disagreement Resolution and Mediation leaflet for more information on mediation.

An appeal has to be received by the Tribunal;

  • within 2 months after the decision letter was sent by the local authority (LA) or
  • 1 month from the date of the mediation certificate, whichever is the later.

The time limit for claims may be extended in exceptional circumstances but only if the Tribunal considers it appropriate to do so. Parents and young people should always aim to lodge their appeal within the time limits.

Legal Aid

You may be eligible for Legal Help, this allows a solicitor’s firm to advise and assist you with your case but Legal Help does not extend to representation at the Tribunal hearing. Before you can be granted legal aid you must pass a financial means assessment. You can check your eligibility online or contact Civil Legal Advice on Tel: 0345 345 4345.

What’s involved?

You must complete a tribunal form to lodge your appeal, providing your reasons for appealing. 

Special Educational Needs and Disability Tribunal forms (external GOV.UK website) 

Appeal forms and supporting documents can now be submitted electronically.
Along with your appeal form it is useful to enclose photocopies of any evidence or information that supports your appeal. You must also include your mediation certificate to show you have spoken to the mediation adviser and either considered mediation or entered mediation (unless you are only appealing the name of the education setting in section I of an EHC Plan). 

You may find it useful to familiarise yourself with the Tribunals guide on How to Appeal Against a SEN decision.

First-tier Tribunal Guide  (external GOV.UK website)


What happens after I send my appeal to the Tribunal?

Your appeal will be registered within 10 working days of receipt and you will be informed of the date of the final hearing. All SEN appeals will now have a 12 week timetable (instead of the previous 20 week timetable). Some appeals may be listed on a slightly different timetable depending on the availability of Judges and Panel members.

When your appeal is registered the Tribunal will issue;

  • Case directions – these set dates by which you must take action. Please keep a note of these important deadlines as you can be barred from the hearing for failing to comply;
  • An attendance form – you will be given a date by which you must inform the Tribunal and the local authority about the witnesses (if any) along with any others that you want to bring to the hearing. If a witness refuses to attend the hearing you can ask the Tribunal to issue a witness summons which requires them to attend;
  • A case management questionnaire.

The local authority will be sent a copy of the appeal when it has been registered, they must respond within 30 days of their appeal notice being sent, sending a copy of their response and any other documents to yourself as well as the Tribunal. The local authority has the option to;

  • Oppose your appeal;
  • Apply to strike out your appeal and ask that it is brought to an end if they feel it is a case that the Tribunal cannot consider;
  • Not oppose your appeal - for example this could be that they agree to amend the EHC Plan. If you are satisfied with the outcome, you can withdraw the appeal or ask the Tribunal to order the local authority to change the EHC plan in the way you have agreed, by making a consent order.

What happens at the hearing?

You will receive a full copy of the appeal bundle (copies of the documents yourself and the local authority want to use to support your cases) along with the time and venue of the hearing. Hearings are held in Tribunal Buildings/Family Court Rooms as close to your home as possible (the Tribunal aims for venues to be no more than 1½ hours travel in each direction).

Appeals will be heard by a panel consisting of a legally qualified Tribunal Judge who will chair the hearing and up to two specialist Panel members who have knowledge and experience of children with SEND. Hearings usually start at 10am (although some may start at 2pm) and the length of the hearing will depend on the issues being heard and number of witnesses. You do not have to attend the hearing but it is helpful to do so.

During the hearing;

  • The Tribunal Judge will provide an introduction, explain the procedures and list the issues to be considered;
  • The panel will consider the appeal on an issue by issue basis;
  • You and the local authority will be invited to give your views and present your evidence on each issue;
  • You will have the opportunity to ask questions of the local authority, witnesses and also have the chance to add anything additional you feel is important and has not been previously mentioned. The local authority will be given the same opportunity;
  • You may be invited to make a brief closing comment to summarise your position.

After the hearing

The Tribunal will make its decision following the hearing, parents are notified in writing by post and generally this is received within approximately 10 working days. This decision letter must summarise their reasons for the decision.
If the Tribunal issue an order, once received the local authority have to comply with time limits, within which they must carry out the Tribunal order. These are;

  • Where the Tribunal requires the local authority to undertake an assessment/reassessment (notification starts the process) – within 2 weeks of the order being made;
  • Where the local authority has been ordered to make and maintain an EHC plan they must issue the finalised EHC plan within 14 weeks of the order being made;
  • Where the local authority has been ordered to reconsider a decision, they shall do so within 2 weeks of the order being made;
  • Where the local authority has been ordered to amend the EHC plan the local authority must issue the amended EHC plan within 5 weeks of the order being made;
  • Where the local authority has been ordered to substitute the name of a school/college/other institution, the local authority must issue the amended EHC plan within 2 weeks;
  • Where the tribunal has ordered that an EHC plan continue to be maintained by the local authority, the local authority shall continue to maintain the EHC plan with immediate effect;
  • Where the Tribunal dismisses an appeal against a decision to cease an EHC plan the local authority must cease to maintain the EHC plan immediately.

Where can I get more information, advice or support?

East Riding SENDIASS can explain the appeal process to you and provide impartial information, advice and support.

The Local Offer, published by the local authority, includes information about the arrangements for resolving disagreements and for mediation. It also tells you about your right to appeal to the Tribunal.

You can speak to a member of the SEN Team about your concerns. 

Tel: (01482) 394000 (option 1, option 1)


East Riding SENDIASS can offer advice and support with this discussion and can give you:

  • information about complaints procedures, disagreement resolution and mediation
  • advice about what to do if you are unhappy with the support the school or college is providing
  • details of other organisations, support groups and information services that might help
  • information and advice about your rights to appeal to the First Tier Tribunal (SEN and Disability)
  • impartial advice and support through the process of making a complaint, disagreement resolution, mediation or appeal

National organisations that can also provide information and advice on SEND include:
Independent Parental Special Education Advice
If you would like to pursue an SEND Appeal with regards to the EHC process, you will find the documents and more information on Gov.UK.


Age Weighted Pupil Unit (AWPU) 

The AWPU is the amount of money that every maintained school receives for each pupil that is on the school roll, whether or not they have SEN. The value of the AWPU varies from one local authority to another and according to the age of the pupils. For primary age pupils the minimum is £2000 per year. For pupils in Key Stages 3 and 4 the minimum is £3000 per year.


Annual Review

Under the Children and Families Act 2014 local authorities must carry out a review of every EHC plan at least once every 12 months.


Children and Families Act 2014 

This law came into force on 1st September 2014. Part 3 of the Act sets out the law on special educational needs and disability. The Act is supported by the SEND Regulations 2014 and the SEND Code of Practice: 0-25 Years. 

Children and Families Act 2014 (external GOV.UK website)


Clinical Commissioning Group (CCG)

CCGs are groups of professionals that work together to commission health services, ensuring there is sufficient capacity contracted to deliver the necessary services to people.


Direct payment

A payment made directly to a parent or young person to purchase specific services.  Under the Children and Families Act 2014 a Direct Payment may be made as part of a Personal Budget so that the parent or young person can buy certain services that are specified in their EHC plan.
Direct payments can only be used for provision provided on the school or college premises if the school or college agree.


Disagreement resolution

Local authorities must provide independent disagreement resolution to help parents and young people resolve disputes with local authorities, schools and other settings about SEND duties and provision.
You can find more information on disagreement resolution in the SEND Code of Practice 11.6 to 11.10.


Education Act 1996

Part IV of the Education Act 1996 was the legal framework for SEN. Part 3 of the Children and Families Act 2014 now replaces this legislation. However there is a transition period until 2018. This means, for example, that Statements of Special Educational Need that were in place before 1st September 2014 will continue to have legal force until the child or young person transfers to an EHC plan.


Education Funding Agency (EFA)

The EFA is the government agency that funds education for learners between the ages of 3 and 19, and those with learning difficulties and disabilities between the ages of 3 and 25.
The EFA allocates funds to local authorities, which then provide the funding for maintained schools. The EFA directly funds academies and free schools.


EHC Needs Assessment

Local authorities must carry out an EHC needs assessment if a child or young person may need an EHC plan. The assessment is a detailed look at the special educational needs that the child or young person has and what help he or she may need in order to learn. It is sometimes called a statutory assessment.
You can find out more in the SEND Code of Practice sections 9.45 – 9.52.


Education Health and Care plan (EHC plan)

An EHC plan describes the special educational needs that a child or young person has and the help that they will be given to meet them. It also includes the health and care provision that is needed. It is a legal document written by the local authority and is used for children and young people who have high support needs.


First Tier Tribunal (SEN and disability) 

The First-tier Tribunal (Special Educational Needs and Disability) is a legal body. The Tribunal hears appeals from parents of children with SEN, and young people with SEN, about EHC needs assessments and EHC plans.

First-tier Tribunal (Special Educational Needs and Disability) (external GOV.UK website)

Graduated approach

The SEND Code of Practice says that schools should follow a graduated approach when providing SEN Support. This is based on a cycle of:    Assess    Plan    Do    Review
You can find out more about the graduated approach in the SEND code of Practice sections 6.44 to 6.56.


Keyworker

Someone who provides children, young people and parents with a single point of contact to help make sure the support they receive is coordinated. A key worker could be provided directly by a local authority or local health organisation, a school or college, or from a voluntary or private sector body.


Local Authority/authorities

Local authorities are administrative offices that provide services within their local areas. There are 152 across England which are education authorities.

Local Authority (Council) (external GOV.UK website)


Local Offer

The Local Offer, published by every local authority, tells you what support is available for children and young people with special educational needs and/or disabilities, and their families. It includes information about education, health and care provision. It also gives information about training, employment and independent living for young people with special educational needs and/or disabilities.


Mainstream school

This is a school that provides education for all children, whether or not they have special educational needs or disabilities.


Mediation 

Mediation is a type of disagreement resolution. Every local authority must provide independent mediation to help parents and young people resolve disputes with local authorities about:
•    a decision not to carry out an EHC needs assessment
•    a decision not to draw up an EHC plan
•    the content of a final EHC plan or amended plan
•    a decision not to amend an EHC plan
•    a decision to cease to maintain an EHC plan.
Mediation must also be provided on the health and social care elements of an EHC plan.
You can find more information on mediation in the SEND Code of Practice 11.13 to 11.38.
 

Mediation advice

The purpose of mediation advice is to give information about what mediation involves. Parents or young people who wish to register an appeal with the First Tier Tribunal (SEN and Disability) must first seek mediation advice. The advice must be factual and unbiased. After mediation advice has been given the parent or young person can choose whether they wish to go to mediation.
However it is not necessary to seek mediation advice if the appeal is only about the name of the school, or college named on the plan, the type of provision specified in the plan or the fact that no school or other institution is named.
You can find more information on mediation advice in the SEND Code of Practice 11.21 to 11.25.


Must

The SEND Code of Practice says in Section i of the Introduction:
…where the text uses the word ‘must’ it refers to a statutory requirement under primary legislation, regulations or case law.
This means that wherever the term ‘must’ is used all the organisations listed in Section iv of the Introduction to the Code have a legal duty to do what the Code says.  


Outcome

Section 9.66 of the SEND Code of Practice says:
An outcome can be defined as the benefit or difference made to an individual as a result of an intervention. It should be personal and not expressed from a service perspective; it should be something that those involved have control and influence over, and while it does not always have to be formal or accredited, it should be specific, measurable, achievable, realistic and time bound (SMART). When an outcome is focused on education or training, it will describe what the expected benefit will be to the individual as a result of the educational or training intervention provided.


Parent Carer Forum

A Parent Carer Forum is a representative local group of parents and carers of disabled children who work with local authorities, education, health and other providers to make sure the services they plan and deliver meet the needs of disabled children and families. They have been established in most local authority areas.

Parent Carer Forum information and resources (external website)

In the East Riding the local parent carer forum is East Yorkshire Parent Carer Forum


Personal Budget

 A Personal Budget is money set aside to fund support as part of an Education, Health and Care plan (EHC plan) for a child or young person with special educational needs. It can include funds from Education, Health and Social Care.
Parents of children with an EHC plan and young people with an EHC plan can choose whether or not they wish to have a Personal Budget.


Reasonable adjustments

Reasonable adjustments are changes schools and other settings are required to make which could include: changes to physical features – for example, creating a ramp so that students can enter a classroom or providing extra support and aids (such as specialist teachers or equipment).


Schools Forum

Every local authority has a Schools Forum. It made up of representatives from schools and academies, and some representation from other bodies, such as nursery and 14-19 education providers.
The role of the Schools Forum includes looking at the local formula used to fund schools and SEN provision.

SEND Code of Practice

This is the statutory guidance that supports Part 3 of the Children and Families Act 2014.
It tells local authorities, early years settings, schools, colleges, heath and social care providers and others what they must and should do to identify, assess and provide for children and young people with SEN or disabilities.

SEND Code of Practice 0 - 25 years (external GOV.UK website)

Parents' guide to the Code (external GOV.UK website)

SEN Information Report

All schools must publish on their websites information about their policy and arrangements for supporting children with SEN. This must be kept up to date.
The information that has to be included can be found in Section 6.79 of the SEND Code of Practice.


SEN support

SEN support includes any help for children and young people with SEN that is additional to or different from the support generally made for other children of the same age.
The purpose of SEN support is to help children achieve the outcomes or learning objectives that have been set for them by the school. Schools should involve parents in this process.
SEN support replaces Early Years Action/Action Plus and School Action/Action Plus.


SEND Tribunal

See First Tier Tribunal (SEN and disability)


Should

Should is a word that occurs frequently in the SEND Code of Practice.
Section i of the Introduction to the Code says:
… where the text uses the word ‘should’ it means that the guidance contained in this Code must be considered and that those who must have regard to it will be expected to explain any departure from it.
This means that wherever the term ‘should is used all the organisations listed in Section iv of the Introduction to the Code must consider what the Code says. However they may depart from it.

Signposting

Sometimes a service that provides information, advice and support may be asked for help that it is not able to give directly.
When this happens the person seeking information, advice or support may signposted to other service providers. This means that they will be given information, including contact details, about other sources of help. 


Special Educational Needs Co-ordinator (SENCO)

A SENCO is a qualified teacher in a school or maintained nursery school who has responsibility for co-ordinating SEN provision.
Early years settings that are part of group provision arrangements are expected to identify an individual to perform the role of SENCO


Statement of Special Educational Need

Under the Education Act 1996 local authorities issued Statements of Special Educational Need for children whose needs could not be met through the provision normally made by schools.
The Children and Families Act 2014 replaces Statements with EHC plans.


Statutory guidance

Statutory guidance is guidance that local authorities and other local bodies have a legal duty to follow.