Transfers

Extract taken from the Transition to the new 0 to 25 Special Educational Needs and Disability System August 2014 (6.1, 6.3, 6.14, 8.3 - 8.7)

 

Realising the benefits of the new EHC plans for children and young people who already have statements or young people who receive support as a result of an LDA, will require their transfer to the new system to be more than simply a re-badging of their existing statements or LDA report. To ensure that EHC plans are person-centred and focused on outcomes, an EHC plan must only be issued following a 'transfer review' - an EHC needs assessment. However, families should not be unnecessarily burdened by this process. The EHC assessment process will allow local authorities and families to work together to consider existing assessment information within the statement or LDA report and what, if any, further assessment information is required. The process of EHC assessment and EHC plan development must be carried out in a timely manner. The time limits set out below are the maximum time allowed. However, steps must be completed as soon as practicable.

 

The Process for Transferring Children and Young People with Statements of SEN to the new SEN and Disability System

To transfer a child or young person from a statement of SEN to an EHC plan, a local authority must undertake a 'transfer review'. This will require them to undertake an EHC Needs Assessment under section 36 of the Children and Families Act 2014. For children and young people who need an EHC need plan, the 'transfer review' will allow for outcomes to be developed for inclusion in their EHC plan and provision identified to support the child/young person to achieve those outcomes. Until the transfer review is completed the local authority will remain under a duty to maintain the statement of SEN and arrange the special educational provision set out in the statement of SEN.

 

Process for Transferring Young People who receive support as a result of LDAs to EHC Plan

Local authorities must consider requests for an EHC needs assessment for a young person who receives support as a result of an LDA under the Children and Families Act 2014 and associated regulations. If the request is not made by the young person, the EHC needs assessment must only proceed with the young person's agreement.

 

Transferring to SEN Support in the Early Years and in Schools

In preparation for these changes, early years settings and schools should:

 

  • begin to review core teaching and wider policies and how it meet the requirements in the new SEND Code of Practice

  • engage with parents and pupils with SEN more widely and put in place arrangements (or structures) on how they would regularly review and discuss progress

  • ensure class teachers are aware of the changes and recognise their responsibilities for identifying and supporting children with SEN

  • explore how they will monitor and track the progress and development of pupils with SEN

  • identify and deliver any training needed by staff

  • contribute to the development of the Local Offer

  • engage with the LA in relation to delegated funding, joint commissioning, EHC plans and implications of personal budgets

  • explore how to support pupils with SEN with their transition to another setting or school or post-16 education

 

From 1 September 2014, early years settings and schools should:

  • continue to review core teaching and wider policies so that all teachers and early years staff are meeting the requirements in the new SEND Code of Practice

  • as part of their on-going review of support for children with SEN, schools and early years settings should review pupils on Early years action/early years action plus and School Action/ School Action Plus to put in place SEN Support. This will include setting clear targets for progress, agreeing what support should be provided and tracking how it is working. We anticipate that most of these children will have transferred to the SEN support category by spring 2015, with all pupils moving to SEN support by September 2015

  • continue to put children, young people and parents at the centre of decision making, including making sure parents are fully informed and involved with how pupils are progressing

  • record all who need special educational provision in the school census in January 2015

  • publish the annual SEN information report (for schools only), and

  • develop partnerships as needed with early years/primary/secondary/ post-16 providers to help smooth transitions

 

Introducing SEN Support in FE Colleges and Sixth Forms

Under the 0 - 25 SEND Code of Practice, SEN support is being introduced into FE Colleges and sixth forms. This means that where a student has a learning difficulty or disability that calls for special educational provision, the college must use its best endeavours to put appropriate support in place. Young people with SEN should be supported to participate in discussions about their aspirations, their needs, and the support they think will help them best. Support should be kept under review and should draw on expertise within and beyond the college where needed. Support should be aimed at promoting student independence and enabling the young person to make good progress towards employment and/or higher education, independent living, good health and participating in the community, and colleges should be designing tailored study programmes which enable them to achieve the best possible outcomes in adult life.

 

In preparation for September colleges will need to have:

 

  • reviewed the 0-25 SEND Code of Practice to ensure their provision will meet the requirements on teaching, curriculum and wider policies

  • worked with students with SEN and their families to put in place arrangements or structures on how they will regularly engage and discuss progress

  • explored how they will monitor and track the progress and development of children and young people with SEN and identify and deliver any training needed by staff across the workforce

  • contributed to the development of the local offer and engaged with their local authority in relation to delegated funding, joint commissioning, EHC plans and implications of personal budgets

 

From 1 September 2014 they should be ready to:

  • support new students through SEN support, using person-centred approaches, and working with young people and their families

  • record all those who need special educational provision in the individual learning record, and;

 

develop partnerships with secondary schools and adult services (including employment) to support transition into college, and their exit into the next phase of their life.

Transfer Review Timeline from Sept 2015. pdf

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