Parental Co-Production : Your views needed

Our recent post on Parental Co-production really seemed to hit home with many of you.  We received several comments on the blog, on our Facebook page and via our twitter account, so we wanted to expand this and find out more.

smoke-mirrorHave your experiences of parental co-production been positive?  Have you been involved in a project from the beginning and feel that you have really influenced the outcome?

What about with your child – have you (and they) been truly listened to when you have been looking at goals for them and how they can be achieved?  Or did you feel as if everything was decided on your child’s behalf and your views weren’t even considered?

We are looking for parents who would be happy to share their experiences with us.  Or perhaps you are a practitioner who appreciates the value of true co-production but struggle to get your colleagues or manager on board?  Would you be happy to talk on camera via Skype with us?

If you would like to learn more and perhaps get involved, then get in touch by completing the contact form below.  We would really like to hear from you.  Completing the form does not commit you to anything, other than a chat.

Children and Families Bill – you need to take action now [2]

Debs writes

We recently wrote about some of the changes being proposed in the Children and Families Bill that will not benefit families.  We looked at the duty to identify SEN, the annual review, the time limits and also the format of the Education Health and Care Plan (EHCP).

SENREFORM-Magnify

Today, we want to raise your awareness of other issues with the proposed changes and would like to thank Jane McConnell and all at IPSEA for helping to raise awareness of these.

Admission to Special Academies:

At present any child with SEN but without a statement must be educated in a mainstream school.  In order to attend a Special School, a child must have their needs assessed and the LA then have have a duty to fund the provision identified by the assessment.  This, in principle, protects children being placed in potentially inappropriate schools.  There are no exceptions to this in the current legislation.

This principle still exists in clause 34(2) of the proposed Bill but an exception has been introduced. Special Academies (including Free Schools), will now be able to admit children or young people with SEN permanently into the school without them having an assessment or an EHC Plan in place – if they are given permission by the Department for Education.   Now, in theory, this sounds great.  Getting your child into a special academy placement without having to go through the statutory assessment process (especially as the new Bill doesn’t put time limits on the process).  However, there are two issues with this:

1.  It  undermines the principle that mainstream schools MUST be enabled to make provision for ALL children without a statement/EHCP and also MOST children with statements/EHCPs – so if a mainstream school knows there is a Special Academy nearby, there will be a strong temptation to point the parents in their direction, rather than take the child themselves and have to cater for their needs.  So no aspiration necessary for the mainstream school to improve their teaching to include children with SEN with or without a statement or EHCP; and

2.  If a child with SEN is admitted to a Special Academy without EHCP – what happens when things go wrong?  What if the Academy cannot meet the needs of the child?  What if the child, due to no assessement of needs, is placed in the wrong Academy?  There is no duty for the LA to fund the provision without an EHCP and the parents will have nothing to challenge the school or LA with if there is no EHCP.  What about the Health and Care provision?  If no assessement or EHCP, how will the school and family know they are meeting the Health and Care needs of the child?  Yes, there will be minimum standards that all schools must adhere to – but let’s be honest, have you ever tried to find your LA’s miminum standards and if successful, actually make sense of them?   There is of course the NHS constitution and the Children’s Act but very often, to access the Social Care side of support, a statement is currently needed so no EHCP could, in theory mean, no access to that support.

We need the DfE to seriously consider this option.  Having an assessment ensures that the child’s needs are accurately recognised and provision put in place.

Re-assessment of Needs:

At present, a re-assessment is the same as an assessment.  If a child or young person’s needs change, then a further assessment can be requested and if agreed, then the LA has to comply with the statutory assessment duties.  This includes time limits, consulting with the professionals named in the Regulations (education professionals, educational psychologist, social services and health services).

However, in the proposed Bill, a new concept of re-assessment is being introduced.  LAs will be allowed to decide what format a re-assessment takes.  There will no longer be the same duties to consult and obtain evidence from the professionals named above and they can also choose to review just one area of the EHC Plan.

Also, there is no duty for the LA to conclude the process of re-assessment at the two points which would trigger a right of appeal to the SEND Tribunal (i.e. when the LA decides not to issue an amended EHC Plan or when the LA issues a new EHC Plan with which the parent disagrees).

So basically, if your child’s needs change, the LA can re-assess but may only reassess one part of the Plan, e.g.  the health part but no need for them to reassess the Education and Care part of the Plan.  As we all know, each of these impacts on the other which is why the idea of an EHC Plan was so popular with parents.  One plan that looked at their child holistically, no need to tell your story more than once, everyone working together, etc.  So why have a joint plan, why jointly commission, why fund “Working in Partnership” workshops if once the EHC Plan is published, any re-assessment reverts back to individual agencies.

If you are not happy with the proposed amended EHC Plan or if the LA decides not to issue an amended EHC Plan, then the proposed Bill (in its current form) does not give you any right to appeal to the SEND Tribunal.

Again, this Bill is introducing changes which, if we are honest, are based on every LA existing in a world we don’t live in.  Yes, in an ideal world, LA’s would never not re-assess, they would always produce an amended Plan if the child’s needs changed, the plan would always look at the child’s need in every aspect of their life and the LA would unreservedly support families if their current school did not meet the needs of their child.  However, we live in the real world.

We need to take action now, before the Children and Families Bill becomes the Children and Families Act.  If you want to know how to take action, please visit the IPSEA website

When SEN Tribunal looms, seek legal advice

Many parents find themselves in the position, as they try to secure a statement for their child with special needs, of having to go to Tribunal when they cannot reach an agreement with their local authority about provision. This is, always, a very stressful situation.

It’s hoped that the new reforms that are now being discussed will prevent much of this – or at least that’s the intention. Without substantial improvements to the draft bill however, many believe it will do nothing of the sort.

It is always recommended that you do not represent yourself at Tribunal, even if you are legally qualified to do so. This is because it is very difficult to remain detached when the future of your child is being discussed when this is a situation to which  you are extremely emotionally attached.

There are several avenues you can go down. As well as IPSEA, SOS!SEN and the NAS Advocacy Service, there are various SEN Advocates, some of whom work pro bono. You may also decide to engage the services of a solicitor – there is a list on this page.

Additionally, due to the recent changes in the law, barristers can now accept instructions from parents (and local Authorities) directly. This is called Direct Access and more information is on the Bar Council website, however, it is not possible for those on legal aid, though they can still have their case in part funded. This is particularly welcome as the costs are no longer duplicated.

One such barrister is Gulshanah Choudhuri, who works throughout England. I recently met Gulshanah and was very impressed by her compassion and quiet determination with which she pursues the best solution for her clients. She has a very personal reason for working in the field of SEN law – a mother of two, she has a daughter with Downs Syndrome and so has an intimate knowledge of what it is like to live with a child with additional needs.

While working in criminal law, she found herself often asked for legal SEN advice to parents at the school gates.

Gulshanah says, “I became very interested in SEN law while I was practising as a family and criminal barrister, that I began to question why not just do SEN law? So I did and instead of giving free legal advice at the school gates I set up my own chambers www.senbarristers.co.uk and have never looked back. I always remember my parents saying good things come when you follow your passion, and they have. Not only am I helping parents to secure what is rightfully their children’s education but I am following my passion. If I could I would have done SEN law when I qualified!”

Gulshanah has worked as a pro bono legal adviser for IPSEA in the past, and has been able to help many parents get the help their child needs, offering mediation as well as representation at Tribunals.

She says, “One client I advised came to me with an appeal to the Upper Tribunal and upon having a one hour conference with him, it soon became apparent that what he needed was to urgently amend the grounds of appeal to one of Judicial Review. The Upper Tribunal have accepted and he will now be doing the hearing himself, with me supporting him. Parents can use a barrister such as myself for all sorts of issues relating to SEN, such as a school excluding children with SEN on a school trip.”

It has always seemed to me a disgrace that parents have to seek legal redress at all when we are talking about the needs of a vulnerable child, but sadly, this is all too often the case. If you find yourself in this position, have reached a stalemate with the local authority and feel you need to seek legal advice, do your research, check out the list I have compiled, which is by no means definitive.

I must stress I have no personal experience of their services, apart from having consulted Douglas Silas who gave me good advice and my personal knowledge of Gulshanah, whom I like very much, and who would be my first port of call should I ever need SEN legal help. However, the page does include some honest recommendations from parents.