Wiltshire SEND education guide

We have worked in co-production with parent carers to review and change the format of SEN Panels. Parent carers told us that we were not being clear enough about what the panels were for or who was part of the decision making. So, we have introduced a series of Discussion and Decision groups to replace the single SEN Panel and are sharing information about how the groups work. These groups have been formed to ensure that:

• there is the opportunity to discuss needs and provision with the most appropriate professionals for the type of request
• the decisions made are fair, equitable and in line with the law
• there is regard to the views, wishes and feelings of the child and parent carer or young person
• there is a moderation process in place so that our processes are clear for all service users and that we report back on improvements

Discussion and Decision Group 1

This group makes the decision on whether or not to commence an EHC Needs Assessment.

Discussion and Decision Group 2

This group decides on whether to issue an EHCP after an assessment, and specialist provision and funding decisions.

Discussion and Decision Group 3

This group makes decisions on placements and funding for children and young people with highly complex needs.

Discussion and Decision Group 4

This group makes decisions on placements for children who are preparing to transfer from primary to secondary school with an EHCP and may require a maintained special school or resource base.

Once a decision has been made

If a DaD determine the placement type as mainstream resource base or specialist then the following process is followed. The local authority gives due regard to the following sections from the SEND code of practice - Gov.uk (opens new window):

9.79 - If a child's parent or a young person makes a request for a particular nursery school or post-16 institution in these groups the local authority must comply with that preference and name the school or college in the EHC plan 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

Efficient education means providing for each child or young person a suitable, appropriate education in terms of their age, ability, aptitude and any special educational needs they may have. Where a local authority is considering the appropriateness of an individual institution, 'others' is intended to mean the children and young people with whom the child or young person with an EHC plan will directly come into contact on a regular day-to-day basis

9.80 - The local authority must consult the governing body, principal or proprietor of the school or college concerned and consider their comments very carefully before deciding whether to name it in the child or young person's EHC plan, sending the school or college a copy of the draft plan. If another local authority maintains the school, they too must be consulted

9.83 - The nursery, school or college and, where relevant, the other local authority, should respond within 15 days. Where a nursery, school or college identified at 9.78 above is named on an EHC plan they must admit the child or young person

9.84 - The child's parent or the young person may also make representations for places in non-maintained early years provision or at independent schools or independent specialist colleges or other post-16 providers that are not on the list mentioned at 9.78 above and the local authority must consider their request. The local authority is not under the same conditional duty to name the provider but must have regard to the general principle in section 9 of the Education Act 1996 that children should be educated in accordance with their parents' wishes, so long as this is compatible with the provision of efficient instruction and training and does not mean unreasonable public expenditure. The local authority should be satisfied that the institution would admit the child or young person before naming it in a plan since these providers are not subject to the duty to admit a child or young person even if named in their plan.

It should be noted that whilst parental preference is considered, the Local Authority has a duty to consider mainstream as a possibility for all children and young people where appropriate. The LA has a duty to consult with the parental preference but must also consider a range of other factors when determining placement.

In Wiltshire, the expectation is that the majority of CYP requiring a specialist provision will be able to have their needs met locally. Wiltshire Council are committed to supporting CYP to access the right support, in the right place, at the right time

List of provision that can be named in an EHC Plan:

• Maintained nursery school
• Maintained school and any form of academy or free school (mainstream or special)
• Non-maintained special school
• Further education or sixth form college
• Independent school or independent specialist colleges (where they have
  been approved for this purpose by the Secretary of State and published in
  a list available to all parents and young people)

A child's parent or a young person has the right to request a particular school, college or other institution be named in their Education Health and Care plan (EHC Plan). If there is a request for a particular nursery, school or post-16 institution the local authority must comply with naming that preference in the plan, unless:

• It would be unsuitable for the age, ability, aptitude or special educational need of the child or young person
• The attendance of the child or young person would be incompatible with the efficient education or others, or the efficient use of resources

For context:

• Efficient education means providing for each child or young person a suitable, appropriate education in terms of their age, ability, aptitude and any special educational needs they may have.
• Related to the appropriateness of an institution 'others' is intended to mean the children and young people with whom the child or young person with an Education Health and Care plan will directly come into contact with on a regular day-to-day basis.

Wiltshire Council must consult the governing body, principle or proprietor of the school or college concerned and consider their comments very carefully before deciding whether to name it in the child or young person's Education Health and Care plan, sending the school or college a copy of the draft plan. If another local authority maintains the school, they too must be consulted. The institution or other local authority should respond within 15 days.

Where an institution is named on an Education Health and Care plan they must admit the child or young person.

Requesting non-maintained/ independent provision

The child's parent or the young person may also make representations for places in non-maintained early years provision or at independent schools or independent specialist colleges or other post-16 providers that are not on the list mentioned above and the local authority must consider their request.

The local authority is not under the same conditional duty to name the provider but must have regard to the general principle in section 9 of the Education Act 1996 that children should be educated in accordance with their parents' wishes, so long as this is compatible with the provision of efficient instruction and training and does not mean unreasonable public expenditure.

The local authority should be satisfied that the institution would admit the child or young person before naming it in a plan since these providers are not subject to the duty to admit a child or young person even if named in their plan.

Children with EHC plans can attend more than one school under a dual placement. Dual placements enable children to have support from a mainstream and a special school. This can help to prepare children for mainstream education and enable mainstream and special schools to share and develop their expertise in supporting children with different types of SEN. In order for a child with SEN who is being supported by a dual placement to be deemed as being educated at a mainstream school they should spend the majority of their time there. Where appropriate, a young person with an EHC plan can attend a dual placement at an institution within the further education sector and a special post-16 institution. The local authority should work with the young person, post-16 provider and independent specialist college to commission such a placement where that will achieve the best possible outcome for the young person. To be deemed as being educated in a mainstream further education institution, young people should spend the majority of their time there.

The local authority should consider very carefully a request from a parent for a denominational school, but denominational considerations cannot override the requirements of the Children and Families Act 2014.

Relevant legislation:

• Sections 33 (opens new window) and 39 (opens new window) of the Children and Families Act 2014
• 9.78 to 9.87 of the SEND Code of Practice - GOV.UK: Statutory guidance SEND code of practice: 0 to 25 years (opens new window)