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Being 10 Was Perfect, No Worries In Your Life, Everyday Was Smiles, Never Stress Or Strife. Get Up Really Early, Cant Wait To Get To School, The Teachers Felt Like Giants, Back When You Was Small. Sitting On The Carpet, Teacher's Hands Were On Her Hips, She'd Make You Sit Crossed Armed, With Your Fingers On Your Lips. Everyone That You Sat With, They Were Your Bestest Friend, It Really Was That Easy, Back When We Was 10. Copyright Ellis Dack This is my last update for 2015 (the chronological not the academic year) so you will now not hear from me again unless you follow me on Social Media, until the beginning of the Spring Term 2015.
In this update you will find sections entitled:
(1 YEAR ON)”
As I always say, I know how busy everyone is, so please feel free to read just the sections that are of interest to you or read everything; the choice is always yours. (Don’t forget, to ensure that you never miss out on one, you can get my SEN updates personally by completing your email details or by following me on one of the Social Media platforms I use at the bottom of this page. You can also easily share this update by using one of the icons to the right of this page (on a computer) or at the top of this page (on a mobile device). AND NOW WE ARE 10! Even though some of you know that I have been doing what I do for the last couple of decades, I only set up my own firm just over 10 years ago. It is now an ‘open secret’, but the truth is that I also only decided to set up on my own (with a little nudge from my wife, Erica) after I had been diagnosed with Cerebellar Ataxia (a rare and incurable, progressive, degenerative, neurological condition). The second doctor looking after me (I parted from the first after he said that there was nothing that I could do - I don't need those type of people around me) gave me the best piece of advice that I have ever had - to do everything in that I wanted to do in life as soon as possible. Little did both he and I realise then what I would actually be able to achieve! If you have read my updates before, you will know that, not only have I been able to help a lot of parents of children and young people with SEND during this time and win a lot of awards professionally, but I have also been able to do similar things personally by raising money for charity through doing my international bike rides. Ironic isn’t it, as I was already representing children and young people with SEN and Disability before I became disabled. I even remember thinking to myself after I was diagnosed, that who would want to instruct a disabled solicitor. Then one person said that she thought that it was brilliant that there was now a disabled solicitor representing disabled children and young people; although I did not really understand this at the time, I now look back over the last decade and see for myself what she meant. Who would have thought that my life would turn out this way... And best of all is the fact that I have been privileged to have done things and meet people I would not have done had I had not become disabled. Although I now use a wheelchair to get around, I have had many more opportunities during this time than I would have had otherwise - you could even say that becoming a wheelchair user has actually opened doors for me! Anyway, to celebrate this milestone of our 10th anniversary, we held an intimate event at the Foundling Museum recently. The Foundling Museum recalls the good work of the Foundling Hospital helping vulnerable children and young people to succeed, something which is very close to my heart. NEW TRAINING FOR 2015/16: “LEARNING BY DOING: A CLOSER LOOK AT THE NEW SEN FRAMEWORK (1 YEAR ON)” I have now organised my training seminars for the Autumn Term 2015/16, the first of which successfully kicked off earlier this week, but meaning that there are now only two dates left. This time it is entitled: ‘Learning by Doing (LBD): The New SEN Framework (1 Year On)’ and I take a closer look at the new SEN framework one year on, consider the main issues and advise on how to avoid difficulties. It runs from 9.00 am to 1.00 pm and is made up of two main sessions as follows: The New SEN World (1 Year On)
Specific Issues
These are followed by a third session called: ‘Ask Douglas’ where I will answer any questions about SEN law (think of it as free legal advice!) I am afraid that there are now only two seminars left this term on: • Wednesday 18 November 2015 • Thursday 3 December 2015 Places are limited to 15 delegates per day but I am again offering a 10% discount per place to the first three people reading this update that book for each seminar using the promo code ‘SEN10’ (cannot be used with any other offer). Please note that all training content is the same and is CPD accredited for all types of professionals. I have attached a flyer to those receiving this update by email to make your lives easier, otherwise you can download it by clicking on the image above. I hope that you will be able to join me. If this is of interest to you then you can book your place here: www.SpecialEducationalNeeds.co.uk/Training SOMETIMES SEN BRINGS OTHER DIFFICULTIES Whilst most of my time over these past years has been spent trying to help parents getting additional special educational provision, or a different school (or other educational placement) for their child or young person, I occasionally find people approaching me for legal help with other difficulties that having SEN can bring. I was approached recently by ‘The Good Schools Guide’ to write a couple of articles for their website about school exclusions and contributory funding agreements in independent mainstream schools (although, strictly speaking, by law an ‘independent’ school cannot be called a ‘mainstream’ one and vice versa – but you know what I mean!) I was happy to oblige them with two articles, which I co-wrote respectively with my colleagues, Joshua Garrod and Suzannah Lindon-Morris, who are both SEN Specialists. I have put the original articles on our website as well, so that you can read them if these issues are of interest to you now (or may be in the future). You can find them here: ‘School Exclusions For Pupils With SEND’ and ‘Contributory Funding In Independent Mainstream Schools’. As usual, I hope that these help someone. RECENT/FORTHCOMING SEN EVENTS During the last couple of months, I have attended two main conferences on the new SEND Framework, run by Policy-UK and the Westminster Education Forum, which were both also focused on the new SEND Framework one year on. Both were very good and I really enjoyed the opportunity to hear a number of different perspectives from a number of different speakers about various difficulties being experienced by both parents and professionals. I think that it was best summarised by Chris Harrison, a Local Authority officer, who compared getting to grips with the new SEN framework to learning a new dance when he said that:
A point was also made by someone else that we have not yet had enough time to see things properly and we need solid evidence before making any more changes now. It was also stressed that more training is vital for everyone involved in the process - sounds like a plug to attend training with me, doesn’t it! In terms of forthcoming SEN events, the only things that have caught my attention are: • ‘The SEND Framework: Compliance & Best Practice 2015’ a conference run by Optimus Education in London on 26 November 2015; • 'Reforming Additional Learning Needs Provision in Wales' a conference run by the Westminster Education Forum in Cardiff on 19 November 2015; • Kidz to Adultz up North an exhibition in Manchester on 19 November 2015. “I NEED YOUR HELP AGAIN …” Next week I will be undertaking my sixth (yes 6th!) five-day long international bike ride to try and raise more funds for Norwood, a charity that supports children and young people with disabilities (by using a specially modified recumbent trike). This time it will be 400 km from the middle of the Negev Desert up to the big hills of Jerusalem (in Israel again). I have been warned that it is a very ‘challenging’ ride (that is the nicer way they put it when it really is ‘difficult’!) So I am again attempting to raise a significant amount of money but need your help to do this by asking you to sponsor me. As I do not want this request to get lost in my update, I am going to send out a separate communication soon with more details. But if you would prefer to sponsor me now, you can do so here: http://uk.virginmoneygiving.com/team/douglassilas2015 As I said above, who knew that my life would work out this way! With best wishes Douglas
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Hi, welcome back after the summer. As usual, whilst others may have been able to have a break, I have been as busy as ever getting things ready for the new academic year 2015/16 in order to prepare for this update. I have also used this opportunity to refresh a few things, so you will find a slightly different logo and Home page etc. on this website.
In this update you will find sections entitled:
As I always say, I know how busy everyone always is, so please feel free to read just the sections that are of interest to you or read everything; the choice is always yours. (Don’t forget, to ensure that you never miss out on one, you can get my SEN updates personally by completing your email details or by following me on one of the Social Media platforms I use at the bottom of this page. You can also easily share this update by using one of the icons to the right of this page (on a computer) or at the top of this page (on a mobile device). IT’S TIME ALREADY FOR AN UPDATE You may recall that at this time last year, my SEN Update was entitled: ‘I’ve Just Made Your Life Easier!’ and announced that I had published an eBook called: ‘A Guide to the SEN Code of Practice’. As well as the new Code, it contained all relevant guidance & legislation and linked, both internally and externally, to everything that you needed to know about the new SEN framework. Well, I'm afraid that a lot has happened since then! Firstly, there was a new Code of Practice issued in January 2015 (which came into force from April 2015); then the Transitional Guidance (which was already the second version) was updated again in March 2015; and, of course people have now spent a year getting to grips with the practicalities of everything. In fact, the Government also announced some further changes to the Transitional Guidance again in July (for example, there is now an extension of a further four weeks for transfers of Statements to Education, Health and Care (EHC) plans), which only came into force a few days ago). It makes your head spin, doesn’t it? So I have now updated my eBook over the summer to include and refer to most of the new things. It is now entitled: ‘A Guide to the SEND Code of Practice’ as, although most people were initially calling it just the ‘SEN Code of Practice’ (its former name), it is actually now called the latter (the ‘D’ stands for ‘Disability’ in case you didn’t realise!) Like before, I have again published it as an eBook only, in order to make people’s lives easier so that they can carry everything around with them on a mobile device (such as an eBook reader, tablet or smartphone) so that it is always easily to hand and they can use it to make searchable highlights/notes/bookmarks on. It therefore contains all of the things that you need to know and everything that you will need. I have done all of the hard work so that you don’t have to! What is even better is that I have also decided to now reduce its price by 50% to only £4.99 (if you previously bought the original eBook directly on ‘Ganxy.com’, I have put the update in that store again so that you can download it for free – but I’m afraid that if you bought it elsewhere, for example, through Amazon, they will not allow me to do this so, although I have put it on Amazon still, I encourage you to buy it now only through my website, as this will allow me to provide you with free updates in the future). As a further special introductory offer, I have also allowed for a 30% reduction in price for the first 500 people who read this update, for the next 48 hours or so, which expires on the night of Sunday 6th September (by using the Promo Code ‘DSS30’). I would therefore suggest that you get your copy as soon as possible. As I said before, this Guide should become an invaluable resource for anyone involved with children and young people with SEND such as:
Please note that, by selling it directly, it also allows me to let people download further copies for free in all versions (i.e. for Kindle/iPad etc.), including also a PDF version where I have highlighted changes to try to make it easy for you to identify where things have changed. This will also let people have different versions to use on all of their different eBook Readers/tablets/smartphones, rather than them finding they have to purchase a further copy. I would stress again that most people don’t realise that there are also reading Apps for both the PC/Mac, as well as for mobile devices. This means that you can buy one copy of the guide for one device, but then also have it on your computer. You can also easily 'copy and paste' from it, which has saved many people (including me) a lot of time during this past year. And for those people who shy away from technology (!) I have once more produced a PDF version, which you can either use on screen (all of the links still work) or you can print out a hard copy of it to use in the traditional way (although the links will then obviously not work). I hope that I have made people’s lives a bit easier again by writing this Guide. TRAINING/A FEW THINGS TO THINK ABOUT (WITH A LITTLE HELP FROM MY TEAM) I am again going to provide more training about the new SEN framework later this term. In it, I will now look at some of the issues in more detail and build on what I said previously (don’t worry if you were not able to attend my training previously, as you can still watch my free Webinar called: 'What You Need To Know (The New SEN Framework)' which is based on it, before attending). I will be sending out further information about it as a separate email in due course, but for now, I would like to give you a few things to think about which I have been helped with by members of my team.... The ‘Local Offer’ As far as I know, there was only one reported legal case during the past year on the new SEND framework, which was regarding, amongst other things, the lawfulness of a ‘Local Offer’. If you are interested in this, you can read more about it in an article entitled: 'A Case Of First Impression' written by my colleague, Suzannah Lindon-Morris (top right photo). Mental Capacity/Deprivation of Liberty There were also issues in post-16/19 situations to do with the issue of ‘Mental Capacity’ and the fact that someone of that age being placed in a residential school would be in a ‘Deprivation Of Liberty’ situation, as defined by the courts. I am afraid that this issue is a bit of a minefield. I have been assisted by another colleague, Joshua Garrod (top left photo), who has written an article entitled: 'A Gilded Cage Is Still A Cage’ (Deprivation of Liberty in Residential Special Schools/Colleges)' which you may find helpful to read if this is something that concerns you. Transitional Guidance Finally, I have also been helped by another colleague, Aoife Murray (bottom left photo), in analysing the updated Transitional Guidance which you can read here: 'Transitioning 'Statements' To 'EHC Plans' (Update for September 2015)'. “WHO SAYS SEN CAN’T BE FUN?” I bet you thought that there wasn't anything fun about SEN, did you? Well, most people know that I have a light-hearted side and that I also pride myself in making complex subjects as easy as possible for others to understand. So, helped by another colleague of mine, Anthony Bentwood (bottom right photo above), I have made three cartoon videos of a minute each entitled: ‘What You Need To Know …’ that tell people about the most important/relevant things that they need to know about SEN. We will add to these in due course to talk about other relevant things about SEN. FORTHCOMING SEN EVENTS It’s that time of year again when lots of people are putting on SEN seminars, conferences and exhibitions. The ones which have caught my eye for this term are:
I will be at the TES SEN Show myself at some point together with my team, so please drop by and say ‘hello’ if you are there. The show is aimed at school leaders, teachers, support staff, parents and carers with an interest in SEN and the organisers have publicised it by saying: ‘This important free-to-attend event has all the resources, ideas, advice and CPD training to provide teachers, SENCOs, support staff and parents with the tools and skills to help all pupils achieve.Whether you are responsible for one or many pupils with special educational needs, you will find the support and the resources you require at the show.’ So if you are a parent of a child or young person with SEN, or one of the other type of people mentioned, then this may be the show for you. THIS IS GETTING SILLY NOW! If you have read my updates before, you will know that, in the past few years, this final section has often talked about me getting awards or doing bike rides for charity (using a specially modified recumbent trike due to the fact that I am physically disabled and a wheelchair-user). Since 2011, I have ridden across Sri Lanka, Madagascar and three times across both halves of Israel. I am afraid that this update is no different… In November 2015, I am going to be undertaking my sixth (yes sixth!) week-long, international bike ride, to raise more money for Norwood, a charity that supports children and young people with disabilities You may recall that, after I returned from my last international bike ride in November 2014, I was delighted to be given the ‘Points of Light’ award personally by the Prime Minister, David Cameron, for being an ‘Outstanding Volunteer’ in the UK, as I had by then raised over £125,000 for charity. So, I am again attempting to raise a significant amount of money this year for Norwood. I will start my fundraising campaign again during the next few weeks and, although I will send out another email about it then, I hope that you do not mind me flagging this up now, as I would be very grateful if you could consider sponsoring me, if you feel that my Updates have helped you in any way over the years and would like to help me help more children and young people with SEN/Disability. Like I say though, this is getting silly now! With good wishes Douglas As I said about this time last year, this will be my last update for the current academic year 2014/15 so you will not hear from me again (unless you follow me on Social Media) until after the summer holidays, in September 2015 when I send out my Autumn Term SEN Update.
In this update you will find sections entitled:
(to ensure you never miss out, you can get my SEN Updates by email by completing your details at the bottom of this page or by using one of our Social Media links below) THE WORLD DIDN’T COLLAPSE, DID IT? (THE NEW SEN FRAMEWORK) Well, we’re here! It has now been almost a full academic year since the implementation of the new SEN framework, that was brought into force legally on 1 September 2014, as a result of the Children and Families Act 2014 and the new SEND Code of Practice. Many people, both parents and professionals, say that they cannot believe that we have actually made it to this point without the world of SEN collapsing. However, some tell me that they now feel that they are in a bit of limbo, as they are currently dealing with some children/young people who have Education, Health and Care (EHC) plans, either as a result of an EHC needs assessment that took place after 1 September 2014, or as a result of having a Statement of SEN transferred to an EHC plan. But, at the same time, they also tell me that they are still dealing with a lot of children/young people with Statements which have not been transferred yet and which are only due to be transferred to EHC plans within the next few years and, in any event, by April 2018. Please do not quote me as saying that this is true, but I have heard it said by some people that it was perhaps too ambitious a task for us to think that we could successfully transfer 230,000-odd Statements (that were in existence at the beginning of September 2014) to EHC plans, within just under four years, as was expected/planned. Some people even say now, especially with the benefit of hindsight, that it is probably more realistic for us to now suggest that the whole process is going to take more like eight to 10 years to complete! There are also some that say that perhaps we should be more realistic and look towards other possibilities at this point, before it gets more difficult. Wherever you stand on this issue (or sit, if like me you are a wheelchair-user!) it is now a fact that we also recently have put a new Government in place (although some say that it is really the same Government as before, albeit that there is now no ‘yellow’ mixed with the ‘blue’). It is arguable that the politicians therefore may just choose to leave everything as it stands, or to just ‘tweak’ some things that have not been working well. I guess we will just have to wait and see what happens. But I have increasingly noticed during this past year the mounting confusion about what people should actually be doing now under the new SEN framework, on the parts of both parents and professionals. I know that we were hoping that the new spirit of ‘working together’ should mean there were less disputes about SEN issues, or finding other, more amicable, ways of resolving disagreements, rather than always having to rely on an appeal to the SEND Tribunal. However, again unfortunately, it has been my experience (which is biased of course because parents only come to see me when something is not right) that things sometimes feel the same, albeit that we now are trying to call or do things differently. For example, I still wonder why some disputes need to reach a Tribunal appeal hearing or, when I come out of a Tribunal appeal hearing, how on earth unrepresented parents would have been able to manage without my help, when faced with being opposed by a Local Authority (LA) represented by a barrister, solicitor or an Education officer that is quoting law at them and who is used to doing these kinds of things regularly. It doesn’t bear thinking about sometimes but, as I say, the main thing is that the world of SEN did not collapse on 1 September 2014 and (whether we like it or not) we are all still here … WHAT I HAVE LEARNT THIS YEAR I thought it may be helpful here if I share with you some of what I have learnt this past year. I have sometimes felt that we are going from one extreme to the other. Whilst, for example, many parents were previously complaining that a LA was not engaging with them sufficiently, perhaps by not attending Annual Review meetings, the pendulum seems to have swung now so far, that there are too many meetings taking place! Everyone seems to be trying too hard these days to get things right and are sometimes having meetings which conclude by trying to organise another meeting! I am certainly not complaining about the fact that children/young people and their parents are now being put at the heart of the process and everyone is trying to work together more but, given that LAs now need to do so much with so few resources and parents have limited time with working and domestic commitments, I am afraid that I have to look at things a bit cynically and say that I do not think it is going to be possible to sustain this level of engagement during the mid to long-term future. There is just not enough manpower/money/expertise to go around. You cannot just ‘magic-up’, say, an Educational Psychologist, at the drop of a hat, to do an assessment quickly, just because someone thinks there should be one. But by the same token, it seems ludicrous to determine the special educational provision for a child or young person on the basis of reports of their needs that were written many years ago, when they were, inevitably, much younger. I know that this sounds a bit extreme, but I am still from time-to-time having to help parents challenge Post-16 provision or placement on the basis of an assessment of a child which took place when they were in primary school, or were even less than 5 years old! It goes without saying that their needs have usually changed significantly since then, albeit that their Statement may have been ‘tweaked’ as a result of Annual Reviews over the years. One of the big things I have noticed is the fact that the whole ‘Transfer Review’ process (i.e. moving a Statement across to an EHC plan) is sometimes proving quite cumbersome, with LAs going over timescales for doing things because they want to do things properly or, alternatively, rushing through everything to comply with timescales and then not doing a proper job. This has led sometimes to situations where other legal requirements (say, the well-known 15 February deadline for secondary transfers) are overlooked, which then can have a massive knock-on effect on determining where the child goes to school in September. I have seen parents complaining that a LA is just using the transfer process as an opportunity to take out a lot of hard-won things that were in a Statement, or use it as an opportunity to water it down or move provision (e.g. putting Speech and Language Therapy or Occupational Therapy into the ‘healthcare’ section of an EHC plan). At the same time, I have seen LAs arguing that they now have to work with EHC plans which are considerably longer than Statements were and so are only doing this in order to try and comply with the SEND Code of Practice’s intention to make EHC plan more clear/concise/understandable/accessible (see paragraph 9:61 of the Code). I had noticed that Statements were becoming lengthier and more detailed during the past couple of decades and were sometimes running to 10-12 pages. However, many EHC plans I have seen this past year have been more than 15-20 pages! I am concerned that we may just be overcomplicating things again. The last thing that I have noticed (well it is not the last thing, but I do not want to take up your time mentioning all the things that I have noticed!) is the fact that, paradoxically, everyone seems to be broadly happy with the fact that we have moved to a new SEN system but, at the same time, are then also unhappy about changes that are happening, even saying sometimes that things were much simpler previously, or even referring to ‘the good old days’! My perspective though is that this is all about change; and change requires growth; and growth can be painful. Let us just hope that what we are experiencing are only teething difficulties and that everything will work itself out in due course. I am also aware that some people are only happy when they are unhappy! WHAT I HOPE TO DO NEXT YEAR Given what I do is solely focused on SEN issues, I am afraid that I tend to think of a new year academically, starting in September; rather than, as most people do, starting in January. I am sure though that many of you reading this, probably do the same as me because of your work/circumstances. If you have read my updates before, you will know that I am constantly trying to find ways of helping people, both personally and professionally. I have always wanted to keep my team small, so that I can offer a more personal service to parents, but I am keenly aware that, by doing this, I cannot help everyone. I have therefore been lucky enough to be able to use my website as a vehicle for doing the latter. I am planning to add more things to our website over the course of the next year to hopefully be able to help more people, to provide more information and webinars, as well as providing a second edition of my eBook: ‘A Guide To The SEND Code of Practice (What You Need to Know)’ now that a new revised version of the Code of Practice came into force from 1 April 2015. But I am also planning on offering more personal training for a half-day in the Autumn term, again either at my offices for individuals, or, where it is more feasible, to lots of people in organisations at their premises e.g. advocacy/advice services/LAs themselves (i.e. both small or large organisations and everything in-between). This year, during the Autumn and Spring terms, my training was entitled: ‘Turning Theory into Practice’ and was focused on providing an overview of the recent changes to the SEN framework. However, next year my training will be entitled: ‘Learning by Doing’ (at the moment I am only planning to run eight mornings of training during the Autumn term). I now want to use this training to build upon what I said in my training the previous year and look at some issues in more detail, such as ‘Outcomes’, the implications of the Care Act 2014 (which came into legal effect in April 2015), ‘Transfer Reviews’ etc. I also want to provide an update on SEND Tribunal practice and procedure. However, I want everyone to feel that they are able to attend, whether or not they came to my previous training, so I want to remind you that, at the beginning of the Summer term, I put together a free one-hour CPD accredited seminar based on my training entitled: ‘What You Need to Know (The New SEN Framework)’, which runs on Thursdays and Sundays at 9am or 9pm, but is also available as a recording to watch ‘on demand’. I also need to point out again that you can watch the training on a phone or tablet, as well on a computer (and there is also a transcript available for download for anyone with a hearing impairment). The webinar comprehensively outlines what parents of children and young people with SEN or professionals working with them/in this area need to know about the new SEN framework. I am going to suggest that people watch this webinar before coming to the next training with me, either for the first time or as a refresher. You can register for the webinar right now by going to: 'What You Need to Know [The New SEN Framework]' (Webinar) RECENT/FORTHCOMING SEN EVENTS Unfortunately, I was unable to attend some of the conferences, seminars or exhibitions that I highlighted in this section in my last SEN update. However, I did manage to attend the Optimus Education SENCO Update Conference on 5 May 2015. I always enjoy going to Optimus conferences, as they are usually well-run and it is good for me to hear from people who are working ‘at the coalface’ of SEN issues. In particular this time, I enjoyed hearing from Gareth Morewood, himself a SENCO, who gave a workshop entitled: ‘Transition to EHCP Good Practice Case Study: What Should an Effective Conversion Meeting and Good Outcomes look like?’. Gareth helpfully showed how he had helped parents by drawing up a spreadsheet in response to a draft EHC plan, clearly outlining the ‘Outcomes’ being sought, together with the relevant ‘provision’ that was needed, the relevant ‘timescales and by who’ and the necessary ‘evidence’ which supported what the parents and school were trying to achieve. He told us how, by doing this, he had helped things to go smoothly with Statement to EHC transfers. I was also able to attend a workshop with Brian Lamb OBE, an SEN & Disability Consultant, and the Chair of the Lamb Inquiry, whose workshop was entitled: ‘Best Practice for Effectively Co-Producing with Parents and Families and ensuring they are kept at the centre of decision making’. As well as discussing evidence which supported a link between parental involvement and outcomes, (i.e. children and young people doing better when their parents are more involved in their education), he also discussed different ways for professionals to engage/empower parents, by outlining evidence about what works and what doesn’t. He also showed how we sometimes need to adopt a different approach and look at what parents want rather than what we think they want! Brian ended by looking at challenges that everyone faces with EHC plans and the new SEN framework now, highlighting things like the time that it takes to inform processes if LAs are to deliver new levels of parental and young people’s engagement; how to write plans which are really outcome-focused and not just provision-led; and examples of how not to do things. He also made us all laugh when, at the end of his presentation, he put up a slide of a handwritten letter which said: “Dear Optimist, Pessimist and Realist, While you guys were busy arguing about the glass of water, I drank it! Sincerely The Opportunist” I am now looking forward to attending The Autism Show next week, which is being held in London on 12/13 June 2015 (and thereafter in Birmingham on 19-20 June 2015 and in Manchester on 26-27 June 2015). “CURIOSITY DIDN'T KILL THE CAT, BUT DID IT KILL THE DOG?” Talking about Autism… I recently had the opportunity to go to the theatre to see a play that I have been meaning to go and see for a couple of years: The Curious Incident of the Dog in the Night-Time, which is currently showing at the Gielgud Theatre in London’s West End. It has been described as ‘a phenomenal combination of storytelling and spectacle’ (The Times) and ‘a beautiful, dazzlingly inventive show about the wonders of life’ (Evening Standard). Although it does not mention the word ‘autism’ at any point, it is centred on the experiences of a 15-year old boy called ‘Christopher’, who is clearly on the autistic spectrum. I was pleasantly surprised and taken aback by how accurate a portrayal of the difficulties that children and young people with his condition and their families can experience. I recommend it highly to you and would also point out that the National Theatre (who are staging it) also put on pre-show workshops or Q&A sessions for students, which are designed to give students a clearer understanding of individuals with these needs and to appreciate their difficulties better. It may be a real eye-opener. It was also amusing for me as, when I turned up in my wheelchair, as pre-arranged I was then shown to my seat by an usher at the theatre, who said that she had heard that I was a lawyer who represented children with SEN, which took me a bit by surprise. Also, afterwards, whilst waiting behind the theatre for my cab to take me home, I found myself by the stage door and then meeting and chatting to the lead actor who played ‘Christopher’ so was able to congratulate him personally on his performance, for which he said he was helped greatly with by some of the schools for autistic pupils that I sometimes deal with. It is not often that you are able to mix business with pleasure! With good wishes Douglas I hope you had a good break.
In this update you will find sections entitled:
As I always say, I know how busy everyone is, so please feel free to read just the sections that are of interest to you or read everything; the choice is always yours. (To ensure you never miss one, you can get my updates by email, by completing your details at the bottom of this page or by using our Social Media links) MY NEW WEBINAR: ‘WHAT YOU NEED TO KNOW (THE NEW SEN FRAMEWORK’) It’s now been just over seven months/two terms since the implementation of the new SEN framework, that was brought into legal effect on 1 September 2014, as a result of both the Children and Families Act 2014 and the new SEND Code of Practice. In fact, there is now already a new Code of Practice that came into effect on 1 April 2015 which you can find here. Whilst everybody has been trying their best during these past few months, I am afraid that there still are many conflicting things happening. For example, now that there is more ‘localism’, every Local Authority (LA) seems to be doing something slightly differently to the next regarding the Education, Health and Care (EHC) needs assessment process, or when transferring Statements of SEN to EHC plans; usually using their own ‘interpretation’ of what the law says and what they should do. Ironically, each LA is often entirely convinced that what they are doing is right and that everyone else is wrong or treading on the legal borderline of doing things. Also, parents in one LA are being told one thing, whereas parents in another LA are being told something else. This is not only confusing many parents, but is also confusing a lot of professionals. So, I have decided to see if I can help everyone out again. As you may know, over the Autumn and Spring Terms of 2014/15 (i.e. the last two terms) I have been providing training about the new SEN framework to lots of people, by either being requested to go into organisations personally to train their staff ‘in-house’ or by running my own training days at my offices for smaller groups of individuals. However, as I will now not be providing any further training days at my offices until the Autumn Term 2015/16 (although I am still being booked to deliver training ‘in-house’ during the Summer term where my diary allows), I have decided to try and clarify things for everyone. So, in case you couldn't make it, I am now putting on weekly one-hour webinars over the Summer Term 2014/15 entitled ‘What You Need To Know (The New SEN Framework)’ (at the moment they are going to run on Thursday and Sunday mornings at 9am or evenings on those days at 9pm - a recording will also be available ‘on demand’ if you cannot wait for it!) I have written the webinar based on my full training so that it, hopefully, comprehensively outlines what parents of children/young people with SEN or professionals working with them need to know about the new SEN framework. It is also CPD-accredited for one-hour for those who need it. I have done things in this way as I know that many people were unable to attend my training days or get to see me speak at other events due to a number of differing reasons (e.g. geographical distance or time restraints etc.) I have also done things in this way as I wanted to make things accessible for everyone – you can now get my training on a computer at home or work, or even on the move by using a phone or tablet! (There is also a transcript for anyone with a hearing impairment). And the best bit - I have also decided to offer this webinar for free! This is because I want everyone to be able to see it, no matter what their means or circumstances. All I ask in return is that, if you do watch it and it helps you, you also tell other people about it and direct them to it so they can watch it themselves. You can register for the webinar right now by going to: 'What You Need to Know [The New SEN Framework]' (Webinar) I have also learnt from from doing my training that many people are still very confused about some things, like the procedural/substantive requirements of transferring Statements into EHC plans, the legal requirements for EHC needs assessments, or what should actually be where in the plans themselves - especially the ‘Outcomes’ section. I have therefore already decided that I will be writing/running a new training presentation in the Autumn in relation to these topics, as well as covering other things (such as the requirements of the new Code of Practice 2015/the Care Act/SEND Tribunal Practice and Procedure etc. - see more below regarding the last two things). SEND TRIBUNAL UPDATE As everyone knows, sometimes there are disputes about a child’s/young person’s SEN which cannot be resolved amicably and there therefore needs to be an appeal brought to the SEND Tribunal. Part 1 I was fortunate enough to recently share a platform with the current ‘judicial lead’ of the SEND Tribunal, Judge Meleri Tudur (who a few months ago was also appointed Deputy President of the Health, Care & Social Chamber of the First-tier Tribunal in October last year). Judge Tudur spoke at the Jordan’s Annual SEN Conference in London at the end of March, where she gave an update on the work of the SEND Tribunal to a large audience made up mainly of professionals representing parents/schools/LAs. (I also want to use this opportunity to publicly congratulate my good friend and professional colleague, Jane McConnell, the current Chief Executive of the charity, IPSEA, who has been appointed to Tribunal Judge and the new judicial lead in the SEND Tribunal, who will be taking up her new position in June 2015. Jane has been a fantastic advocate for upholding the rights of children with SEN for many years (and is herself a mother of a young person with complex SEN) who is widely respected alike by parents/those representing parents and professionals (both working for parents and LAs). I am sure that Jane will soon become a great asset to the Tribunal and will ensure ‘fair play’ during the coming years when it comes to resolving disputes in Tribunal appeals (although I am going to have to get used to calling her 'Tribunal Judge McConnell'!) When she spoke, Judge Tudur gave us lots of information, including up to date statistics on Tribunal Appeals. She also talked about changes in procedure, amongst other things. She discussed things like the increasing use of two-person Tribunal panels and, although we know that Tribunal appeals about secondary transfers are now expedited (e.g. heard more quickly) over 12 weeks, she said that this year they would be hearing post-16 appeals in just seven weeks and, if necessary, the Tribunal would agree to sit in August. One of the most important things is for LAs to be aware that they now need to issue Tribunal Bundles for appeals regarding EHC needs assessments/plans and send them out in good time before a hearing otherwise they will now automatically be barred from attending the hearing. Given that many people have been struggling with EHC assessments/transfers/plans over the past few months and, given also that there are now these requirements and very short timescales now, I am worried that there may be insufficient time/ability practically to handle appeals properly. I hope that I am wrong. Part 2 I was also lucky enough, a few days later, to be able to attend (as part of a much smaller audience this time, again mainly professionals) an Open Day at the SEND Tribunal’s offices in Darlington where administrative staff told us more about the way they work and asked for our feedback as users. It was very informative to be able to visit the Tribunal offices and meet administrative staff there and I was surprised to see such a small team having to do so many things, but who clearly had a lot of enthusiasm for the work that they do and genuinely want to help everyone and improve continually. I also appreciated the fact that they gave so many practical tips about how to help them help others using them. Even simple things like sending documents through single-sided (to make it easier for them to photocopy) and using email wherever possible (and not sending in hard copies of things already faxed or sent by email). I want to express my thanks here to them all for a most informative and enjoyable day. As what was said to people on both of these occasions is probably not only of interest, but also probably of importance to everyone who is bringing or defending a Tribunal appeal, I have decided to share some of the relevant information I have learnt here. I also thought it important to pass on this information to other people, who were not able to attend either of these events; such as parents who may only deal with a Tribunal appeal once or even LA officers who may have had to deal with more than one appeal over the years, but who may not be aware of some of the changes/requirements of the Tribunal these days. However, as I know that this information may only be of interest to some people reading this update but not to others; like I have done before, rather than setting it out in full here, I have asked my colleague, Suzannah Lindon-Morris, to prepare a separate more detailed page about everything, which you can find here: ‘The SEND Tribunal - A View from the Inside’. I hope this helps. Of course, if you are a parent of a child/young person currently contemplating a SEND Tribunal appeal or are already in the middle of one and need specialist advice, then please Contact Us as soon as possible to see if we can help you. THE CARE ACT 2014 I was also fortunate enough to attend a conference at the beginning of March 2015 staged by the Council for Disabled Children, where one of the sessions was about the new Care Act 2014, which came into legal effect at the beginning of April 2015, which was presented by Steve Broach, a Barrister specialising in this area. As I have had to do research into the new Care Act myself, I also thought it would be helpful if I were to share some things about it with you here. Again, as I know that this information may only be of interest to some people reading this update but not to others; like before, rather than setting it out in full here, I have asked my colleague, Joshua Garrod, to prepare a separate more detailed page about everything, which you can find here: The Care Act 2014 - An Overview Of: ‘…the biggest reforms to the social care system in more than 60 years’. Once more, I hope that this is helpful to you. RECENT/FORTHCOMING SEN EVENTS It has been a fairly busy few months for me, not only with casework and seeing/helping parents about their children, or with appeals to the SEND Tribunal, but I have also been able to attend a number of conferences/seminars/open days, like I have referred to above. In terms of forthcoming SEN/Disability events, there are again a few things coming up which I would like to ‘plug’ (again in some cases), just in case you can make them:
However, I would also like to mention a couple of other things that are coming up, which may be of interest to you which are:
I hope to also be at a few of these, so if you see me, please say ‘Hello’! “WELL, IF I’VE GOT TO SIT IN A WHEELCHAIR, AT LEAST LET’S HAVE SOME FUN!” As I have said before, I have a progressive, degenerative neurological condition known as Cerebellar Ataxia and I actually became physically disabled later in life, so I have only been using a wheelchair for the last five years or so. It is not so easy to have to start having to do things differently when this happens to you, as you have to be prepared to learn to graciously lose some of your independence and accept that you have to become more dependent and reliant on other things or people. In fact, I consider myself very fortunate to have already been representing children with SEN/Disability for many years when this happened to me. I was even quite surprised at first when I started to tell people about my diagnosis, when many people said that, whilst they felt sorry for me, they thought that it was ‘brilliant’ (as one person put it) that a disabled man was representing disabled children. If you have read my updates before, you will also know that I always like to see the lighter side of things wherever possible. So, when I realised that I was going to have to start using a wheelchair, I decided to try and turn it from a negative into a positive thing. As such, rather than just seeing/using the wheelchair as a ‘medical’ accessory, I decided to make it a ‘fashion’ accessory’; and, rather than only just having one wheelchair, I soon had four wheelchairs at my disposal:
Whilst this was initially for my own amusement, I have actually found over the years that it has become quite amusing sometimes also when people approach me and, in front of other people who do not know me, say things like “I see you came in your Bentley today” or “Will you be coming in your Ferrari or Lamborghini next week?”. It is even funnier though when somebody says “have you been out on your Harley Davidson recently?” As I said back then: “Well, if I’ve got to sit in a wheelchair, at least let’s have some fun!” With good wishes Douglas In this update you will find sections entitled:
As I always say, I know how busy everyone is, so please feel free to just read the sections that are of interest to you, or read everything; the choice is always yours. (To ensure you never miss one, you can get my updates by email, by completing your details at the bottom of this page or by using our Social Media links) WHERE DO I START? (THE NEW SEN FRAMEWORK) Hopefully, it’s now beginning to make sense isn’t it – this new SEN framework? In my last update, at the beginning of the Spring Term, my first section was entitled ‘Still Getting to Grips with Things’, but the first section in this update is entitled: ‘Where Do I Start?’ This is because there are now so many new issues that we are having to learn to deal with, that I do not really know where to begin. I have decided that I want to talk to you about the following issues in the first section of this update:
But, rather than me trying to set everything out here, as the information I want to share with you is quite detailed, if any of these issues are of interest to you, then please click here to read a fuller version of this update. Of course, if any of these issues currently concern you and you may need specialist advice, then please Contact Us as soon as possible. SEND & HUMAN RIGHTS I was fortunate to be invited recently to a seminar put on by the Council for Disabled Children/Special Educational Consortium where my good friend and colleague, David Wolfe QC of Matrix Chambers, gave a talk entitled: ‘Special Educational Needs & Disability – a Human Rights Perspective’. David remarked that, when most people think of human rights, they think of the Human Rights Act; but he pointed out to us that there were also a number of other pieces of legislation that could be used to further the educational rights of children with SEND. In particular, David pointed out that the UK had ratified the UN Convention on the Rights of the Child (UNCRC). The UK signed the UNCRC in 1990 and ratified it in 1991 and it includes things like:
David said that the bad news was that, in the UK, international obligations have to be formally incorporated into domestic law, before the courts are obliged to follow them directly. However, he then pointed out that Parliament is expected to legislate in accordance with international human rights law and that the courts have also said that, where there are two possible ways of interpreting legislation, the interpretation that should be followed is that which is consistent with the international obligations found in the UNCRC. He also said that statutory guidance has been issued to LAs about the UNCRC, which means that they must have regard to it and, if they decide to depart from it, they need to have clear reasons for doing so, otherwise they can be challenged. David ended his presentation by pointing out that, now that we had a new SEN framework, we should be encouraging LAs and Tribunals to take the UNCRC into account into their decision making, as we are effectively now starting with a blank sheet of paper. Interesting, isn’t it? LOOKING FOR ‘EXPERTS’ Doing the kind of cases that I do, I often have a need to instruct various ‘experts’ to do assessments/prepare reports. This can be at any point in the SEN process, from conducting an assessment on a child or young person to see if he or she has difficulties in a particular area, to appearing as a witness on their behalf at a SEND Tribunal. I normally instruct Educational Psychologists (EPs), Speech and Language Therapists (SaLTs), Occupational Therapists (OTs) and Physiotherapists (PTs) (and also occasionally instruct Teachers of children with a Hearing Impairment (THIs) or a Visual Impairment (TVIs). Although I sometimes meet/use new people, every few years I like to widen/update my ‘expert’ list. So, if you are one of the above working in independent practice and would like to work with me, then I would be grateful if you would email me directly with information about yourself, together with a copy of an anonymised report that you have prepared (preferably for a SEND Tribunal appeal) and a list of your Terms & Conditions (e.g. charges etc.). I will then be in touch with you after considering everything. Even if this is not you, if you would like to recommend an ‘expert’ to me (e.g. you are a parent of a child with SEN and have used somebody who impressed you, or you have worked with someone professionally and think that I should know about them), then please also email me directly with their name (and details if you have them) and I will contact them myself. My thanks in advance for your taking the time to help me do this. RECENT/FORTHCOMING SEN EVENTS (AND TRAINING) During the last couple of months, although I have attended a couple of seminars to do with SEN or disability, these have been primarily for my work as a legal practitioner in this area. But I want to highlight the following forthcoming events in this update:
As I also know that many people who read my updates are involved with a child or young person with autism, I would also like to highlight the fact that it is World Autism Awareness Week 2015 from 27 March to 2 April 2015. I have been asked to highlight in this update the fact that I will be speaking at the Jordan’s 20th Annual SEN Conference (this will be my 11th time speaking for Jordan’s) together with David Wolfe QC; Jane McConnell (the Chief Executive of IPSEA); Tribunal Judge Meleri Tudur (the Judicial Head of the SEND Tribunal); and His Honour Judge Simon Oliver (who has a wealth of experience in SEN). Whilst most of the day will focus on the implementation of the new SEN Framework and what has changed/is changing (including with the Tribunal), and David will give a caselaw update, I am delivering a paper this year called ‘There’s A Difference Between Being ‘Clever’ And Being ‘Wise’’. This includes a section teasingly entitled ‘How To Tell If Someone Is Lying!’, which will hopefully come in handy, not only with legal cases, but to help people generally in life. I have spent a lot of time recently, both in and out of my offices, delivering my now popular CPD accredited training on the new SEN framework and/or advising people about how best to avoid/resolve disputes, either for a half day (entitled ‘What You Need To Know (The New SEN Framework)’ or a full day, which includes the half day, entitled ‘Turning Theory into Practice’). Please note that I now only have two dates (11 and 19 March 2015) left for the Spring Term and I am not planning on doing any more training until Autumn 2015. So, if you do want to attend one still, please book yourself a place soon as places are always allocated on a first come, first served basis – you can find out more information/download a flyer here. ‘NICE TO SEE YOU AGAIN TOO!’ As you may already know, I am myself physically disabled due to a rare and progressive neurological condition called Cerebellar Ataxia. As I use a wheelchair to get around, I am always easily identifiable (although if I am in a crowd where there are lots of people around, it is very easy not to see me). What most people don’t realise though, is that my condition also affects my eyesight, so although people can often see me, I do not always see them properly. As such, I have become a master of ‘bluff’ over the years and can now identify people or things by their shapes, sounds or voices. I like to say that I can do this because I know that people cannot see what I can see! In recent years, this has led to some funny situations. For example, I may end up waving back at somebody who I thought was waving to me, only then to find out later that they were not waving to me at all; or, even more embarrassingly, I may sometimes ignore someone who is waving at me because I haven't seen them and then, when I do find out later, I have to apologise to them and explain my difficulty. However, the funniest thing about my eyesight problems is that I have now developed a ‘startle response’, so that if someone comes up to me too quickly (usually from the side) I overreact and flinch away, which looks as though I do not really want to see them. This happens to me from time to time but people usually understand when I then explain my problem. But this happened to me again recently and the person who approached me took my over-reaction in an amusing way and quickly said, when I backed away: “Nice to see you again too!” We always need to keep our sense of humour, even if things take us by surprise sometimes. With good wishes Douglas This is my first update for 2015.
In this update you will find sections entitled:
As I always say, I know how busy everyone is, so please feel free either to read just the sections that are of interest to you or read everything; the choice is always yours (To ensure you never miss one, you can get my updates by email, by completing your details at the bottom of this page or by using our Social Media links) STILL GETTING TO GRIPS WITH THINGS (THE NEW SEN FRAMEWORK) So it’s now been four months since the implementation of the new SEN framework in September 2014 and everybody is now fully on top of things, aren’t we? Aren’t we?? I am sure that some of you reading this are already now used to doing things differently from before, so may even want to skip over this section. But, for the rest of us, it seems that we are still getting to grips with everything. Whilst some things appear to have been tweaked or have even stayed the same, there are many others, where there have been some fundamental changes. Unfortunately, I have already seen for myself in the past few months that many people (both parents and professionals) are still finding it quite hard to work out some of the changes that have happened and what they should be doing now. The most pressing things for everyone currently seem to me, to be, theoretically, the issue of everyone now ‘working together’ and, practically, the issue of transferring ‘Statements’ into ‘Education, Health & Care (EHC) Plans’. Although I provided information about the latter in my Autumn (Half Term) 2014 update, it seems to me that many people may still benefit from reading this information again (or for the first time if they did not manage to read it back then), so I am highlighting it again here. You will find it at Transitioning ‘Statements to EHC Plans’. NEW EMAIL COURSE ON SEN CODE OF PRACTICE (COP) As you may know, I spent my summer break last year, working day and night to put together an eBook: ‘A Guide to the SEN Code of Practice’, so that it would be ready for everyone prior to the start of the new academic year, ahead of the implementation of the new SEN Framework at the beginning of September 2014. Although many readers of these ‘SEN Updates’ have since kindly purchased a copy, some people have told me that they haven't had the time to read it yet, whilst others have told me that they haven't bought it yet, as they know they wouldn't have the time to read it! So, to try and make everyone's life a bit easier, I have now put together a 15-day email course, which tells you about the new SEN Framework/Code of Practice in 'bitesize' chunks, by way of a chapter a day of the Guide. I am sure that you will understand that, although it appears to be the same links in the text of the email course as in the eBook, most of these will not work (as they mainly link to resources in the eBook itself, or to further information on my website). So, I am afraid that if you cannot wait to find out more after reading to the end of a chapter, or if you want to be able to use the links properly, then you will need to purchase a copy of the eBook! I hope that by doing things this way, it will make everyone's life easier again. SPRING TERM TRAINING DATES RELEASED FOR SEN COP I have recently released Spring term dates for the training days I am currently giving at my offices about the new SEN framework entitled ‘Turning Theory into Practice’ (now commonly referred to as ‘TTIP’). I have provided this training a lot already during the Autumn term to many different types of people/organisations, both parents and professionals, and they have proved very popular (you can read ‘What Delegates Say (TTIP)’ for yourself here). The training is CPD accredited (for everyone) and is aimed at:
There are six dates (13/28 January, 19/24 February, and 11/19 March 2015) but, this time, rather than aiming each training day at a different audience as I did in the Autumn, there are three dates aimed at particular groups but three dates where there is no specific audience and training will be provided for everyone (including 19 February 2015, which takes place in Half-term as I know that some people working in education settings said that they were unable to attend last time). (N.B. Although training days are at my offices, I can provide the same training at other venues for organisations (e.g. schools, colleges, local authorities, etc.) if requested.) RECENT/FORTHCOMING SEN EVENTS Although there were a few SEN events during the Autumn Term, there was not very much to highlight. However, this term there are a few things happening which I want to draw your attention to in advance, as follows:
I also thought that I would use this opportunity to draw your attention to two publications that I find very helpful to read every couple of months, which you may also benefit from: NOT ANOTHER AWARD! If you have read my updates previously (in particular the one for Autumn (Half Term) 2014), then you will know that, soon afterwards, I was due to undertake my fifth international cycle challenge to raise money for Norwood (a charity for children and young people with disabilities) using a specially modified recumbent trike. I am pleased to now tell you that I completed the ride successfully during November 2014. Then, to my surprise but delight, the night after I returned, I was given a ‘Points of Light’ award personally by the Prime Minister, David Cameron, at a fundraising dinner. This was in recognition of my ‘Outstanding Volunteering’, by having now raised £125,000 for charity these past few years. More impressive to my children though was the fact that Simon Cowell was in the audience and also came over to congratulate me! If you are interested, you can watch a short video of what David Cameron said about me here. It is not often that you get ‘bigged up’ by the Prime Minster! Can I also be a bit cheeky though and ask you to consider sponsoring me still and thereby helping me raise some more for children and young people with disabilities. I am still slightly short of the £20,000 target that I set myself this time (and you know for definite now that I have already done it!) You can still do so at: http://uk.virginmoneygiving.com/team/douglassilas2014 As I say, sometimes things happen... With good wishes Douglas Well, 1 September 2014 ushered in a new area for the SEN framework; but it felt like it came and went in the blink of an eye.
There did not seem to be very much media coverage about it, which was strange given the fact that the subject had made so much ‘noise’ during the past four years. To be honest, it felt like a bit of a ‘damp squib’. During the past couple of months I have been attending seminars & conferences and also providing training to many people, both parents and professionals, about the new SEN framework. Somewhat surprisingly though, I have found that, overall, although everybody is still getting to grips with what they need to understand and/or do, the general sentiment seems to be that the changes were not as catastrophic as people thought that they might be. In some ways, it seems to be ‘business as usual’. But, paradoxically, there is also a feeling that the SEN system is very different now to what it was and there is lots of work to be done (for example, transferring 'Statements' to 'Education, Health & Care (EHC)' plans.) Some people are already becoming concerned that many Local Authorities (LAs) said that they were ready for the changes (I have heard it said that the figure was 90%) but, in hindsight, that this was perhaps not the case. This means that the Government was possibly proceeding with unrealistic expectations and planned timescales. There seems to be a big concern (from both parents and LAs) about the process of transferring ‘Statements’ to ‘EHC Plans' and how long this is going to take in practice. As there is a lot for me to say about what should happen during the transitional period (September 2014-April 2018), rather than me using up space here discussing it, I have created a dedicated page where you can read more here: 'Transitioning 'Statements' To 'EHC Plans' Another example though is that it appears that there is not yet as much as was hoped would be available out there about post-16 provision (i.e. FE colleges/apprenticeships/training, etc.), although I appreciate that I may just not be personally aware of it yet. Some of the main issues that I am already finding people asking me about are in relation to post-16 and mental capacity issues, so I have dedicated the next section of this update entirely to this. Unusually, I am doing this first ‘SEN Update’ for the new academic year 2014/15 a few days before the start of the new term, rather than after as I usually do in the first week or so. This is because I know that many people need to know about changes to the SEN framework as quickly as possible.
In this update you will find sections entitled:
As I always say, I know how busy everyone is, so please feel free to read just the sections that are of interest to you or read everything; the choice is always yours. However, if you are personally/professionally involved with children/young people with SEN/Disability, this time you should read this update in full (and share it with others as well), as it contains a lot of important information that you need to know. (Don't forget that to ensure you never miss out on one you can get my updates personally by email by completing your details or by using our Social Media links below) “I’VE JUST MADE YOUR LIFE EASIER!” (SEN CODE OF PRACTICE) So it’s finally here after we have been waiting so long! We are now entering a new era for special educational needs, as Part 3 of the Children & Families Act 2014 (and associated regulations), together with a new SEN Code of Practice, comes into force from Monday 1 September 2014. It has been called ‘the biggest shake-up to SEN for 30 years’ and makes some fundamental changes to the SEN framework, for example:
There are also other things that are new such as ‘Local Offers’, ‘Personal Budgets’, etc. Most importantly, it calls for children and (for the first time) young people with SEN or disability and their parents/families, to be put at the heart of the process. “So what do I need to know or do?” many of you are probably thinking... Well, if you know me or have read my updates previously, you should have realised by now that I have always tried to help people. So, I have tried to make people’s lives easier again by writing an eBook over the summer entitled ‘A Guide To The SEN Code of Practice’ that you can download now and read immediately. I have published it as an eBook only as it contains links throughout it to all the relevant legislation, regulations and guidance that you will need. It even includes a copy of the full SEN Code of Practice, Part 3 of the Children & Families Act 2014, the SEND Regulations 2014 and the Transitional guidance, as well as a list of all Local Authorities with links to their ‘Local Offer’. As an eBook, it can also be easily carried around on a mobile device (such as an eBook reader/Tablet/Smartphone) and then be used to make searchable highlights/notes/bookmarks on. It should become an invaluable resource for anyone involved with children/young people with SEN/Disability, such as:
In fact, most people don’t realise that there are also reading Apps for both the PC/Mac as well as for other mobile devices, such as phones/tablets. This means that you can buy one copy of the guide for one device, but then have it on your computer to make annotations on and all your notes/highlights/bookmarks will be available to you immediately on your mobile device (provided it is synced) and vice-versa. How good is that! But don’t worry, I know that not everyone will know how to use the technology in this guide to its full potential at first, so I have also produced it as a PDF document which you can either use on screen (all the linking still works) or simply print out as a hard copy to use traditionally. And, if you do print it out, it will then save you from having to print out a copy of the Code of Practice, Part 3 of the Children & Families Act, the SEND Regulations and the Transitional guidance themselves, as this guide contains all of these things and everything that you will need! The Guide is easy to get hold off by going to www.AGuideToTheSENCodeOfPractice.co.uk where you can buy it once directly and then download all versions for all devices, which includes the free PDF version (I have also offered bulk discounts to people buying directly and made it easy to ‘gift it’ to a relative or friend who you think may need it). You will also be able to purchase it soon on the Amazon Kindle, Apple iTunes, Barnes & Noble Nook, Kobo and Google Play online bookstores (I’m afraid that you may need to wait a week or so if you want to buy it this way as some stores take a while to ‘approve’ things, so you are probably best to buy it directly, especially as you will also get other things thrown in, like the PDF version, for free.) I truly hope that by writing this guide, I have helped more people. As one person put it to me whilst I was writing the guide “this is the guide that the Government should have written, but didn’t!” ‘TURNING THEORY INTO PRACTICE’ (TRAINING) This leads me nicely onto this next section. I am conscious that people also need to know about what they should do practically. Therefore, I am going to be providing dedicated training days entitled ‘Turning Theory Into Practice’ (CPD accredited for all professionals) from Autumn 2014. I am already booked to do this for a number of different organisations (e.g. Schools, Colleges, Local Authorities, Parent Carer Forums, Mediators, etc.) There will be three main sessions entitled:
which will cover things like:
and my favourite:
(There is also a fourth session at the end of each day for questions & answers where people can ask me anything that is on their minds). I am additionally providing the same training for individuals at my offices (for a maximum of 15 delegates per day) which are aimed at:
I am afraid that I have already been asked to go around the country this Autumn to a number of organisations and a number of individuals have already signed up to come on my courses so, if this is something that you wish to arrange for your organisation or to attend yourself, then please call my offices as soon as possible to book something/your place on 020 8349 7700 or email me directly. You can download a flyer by clicking on the picture above. I’VE HAD A BUSY SUMMER I guess that you would think that writing a guide and a training course, would be enough for me to do over the summer! But in addition, I have created a new page called 'LAs/'Local Offers' (which is under ‘Schools/Local Authorities’) which now lists all the local authorities in England/Wales with links to their websites and ’Local Offers’ and have also taken the opportunity to extensively update the ‘SEN/Education Info’ section with information about new terminology that we now need to use/understand. You will see that these pages now also include helpful links to other websites or organisations that can provide further assistance (if you work for an organisation which you feel should be there but is not, then please email me directly to let me know). I hope that this is also helpful. UPCOMING SEN EVENTS In terms of SEN events coming up in the next few months, the only things that I have noticed are the TES SEN Show on 10/11 October 2014 in London and the Optimus conference entitled ‘The New SEND Framework: Legal Obligations and Practical Solutions’ (which is aimed at SENCOs) on 11 November 2014, also in London. “AND THEY SAY THAT LIGHTNING NEVER STRIKES THE SAME PLACE TWICE!” As usual, I like to end my update to share something more personal and like to use it also as an opportunity to share my good news. If you have read my updates during the past few years, you may recall that in 2011 I was shortlisted by the Law Society for its prestigious ‘Solicitor of the Year (Private Practice)’ Award at its annual Excellence Awards. I didn’t win! Since then I have received a few awards both professionally, including the first ‘Outstanding Achievement’ Award at the Modern Law Awards and also personally, such as being named an ‘Unsung Hero’ by the charity ‘Jewish Care’ in 2012. I am delighted now to be able to tell you that I found out a few weeks ago that I have been shortlisted again, for the second time in four years, by the Law Society for its ‘Solicitor of the Year (Private Practice)’ Award, which will be announced in October 2014. And they say that lightening never strikes the same place twice! With good wishes Douglas Like I said in my last Spring (Half Term) 2014 update, I am now doing my 'SEN Updates' six times a year at the beginning of every term/half term as I have been told that this helps more people.
In this update you will find articles entitled:
As I always say, I know how busy everyone is, so please feel free to read just the sections that are of interest to you or read everything. The choice is always yours. IT’S ALMOST HERE… (THE NEW SEN FRAMEWORK) Typical, isn’t it? Soon after I wrote my Spring (Half-term) update, the Children and Families Bill received Royal Assent to become the Children and Families Act 2014 and is now finally law. However, it has still not yet been brought into force, although the plan seems to be to bring it in from 1 September 2014. And also typical, the day after I first drafted this update a couple of weeks ago, the Government then issued a new Revised SEN Code of Practice for consultation (it is only open until 6 May 2014) and this version now runs to 253 pages (the first one was already large at 174 pages!) If you have been reading my updates previously, you will know that the initial draft Code was heavily criticised following its consultation at the end of last year and has therefore now been rewritten/restructured. This new revised version still needs to be laid before/debated by both Houses of Parliament who need to approve it but I believe it is hoped that it can be issued in its final form in June 2014. WHAT HAPPENS NOW? (POST-16/POST-19 PROVISION) As I say, one of the main problems has always been that when young people reach the end of their secondary schooling, either at Year 11 (when they are 16), Year 13 (when they are 18) or even Year 14 (when they are 19 - if they are in a special school) they literally ‘fall off the cliff’. What I mean by this is that, if they do choose to stay in education, they are then expected to go to a Further Education institution but without the same support. They may even receive a ‘Learning Disabilities Assessment’ (‘LDA’) but that does not protect them legally as much as a ‘Statement’ does; or, worse still, they could end up in or out of the workplace without having really finished their ‘education’ first. As I have done what I do for nearly 20 years now, I have had the benefit/misfortune of having represented some children/young people right through from nursery age to when they eventually leave school. It saddens me greatly sometimes that all the good work that has been done with them over their years of schooling (which was often very hard fought for) is often lost soon after they leave school. They say that it can take years to create something positively but only a short time to destroy it negatively. How true that is... I truly feel for these young people/their families but have always been very limited about what I could do for them. I am therefore really pleased to say that, with the new SEN Framework now going up to 25, I am now also going to be advising and representing parents/young people over the age of 19 (don’t worry, I am still helping children/parents during their early years/primary/secondary schooling!). RECENT/FORTHCOMING SEN EVENTS The past few months have been very busy for SEN events as well as for me personally. First there was the Jordans Annual SEN Law and Practice Conference on 5 March 2014 where I spoke for the 10th time! (I am delighted to have already been booked for next year's conference on 5 March 2015!) This is widely regarded as the annual event for professionals concerned with SEN for parents/schools/LAs every year. We were provided there with more details about the new legislation and how the Special Educational Needs & Disability Tribunal, amongst other things. There was then the Optimus conference on 11 March 2014 for SENCOs; the Kyra conference on 18 March 2014 for schools (where I gave a keynote speech); the Hesley Group's conference on 2 April 2014, aimed at all SEN professionals (where I chaired/spoke) and the Council for Disabled Children’s conference on 23 April 2014, aimed at anyone involved in SEN. The next few months are not going to be as busy. But there still is the Westminster Education Forum on ‘Special Educational Needs and Disabilities – Implementing the Children and Families Bill’ on 8 May 2014 in London, aimed at anyone involved in SEN. One of the keynote speakers will be the Chief Executive of from Natspec (the Association of National Specialist Colleges) and you will also hear from many other people (including me) with their views/concerns about the new SEN framework. There is also the (usually very well attended) ‘The Autism Show’ in London on 13/14 June and in Manchester on 27/28 June 2014. 'TURNING THEORY INTO PRACTICE' TRAINING (INCLUDING SCHOOL/COLLEGE VISITS) I have noticed during recent months/years, that almost every seminar/conference/training session or day being put on now seems to have been just been focused on talking about the 'theory' of what the law says or is supposed to happen with the new SEN framework. As one person put it to me a couple of months ago, “it is almost as though we seem to be ‘overdosing’ on the Children and Families Bill/Act!” I am as guilty as everyone, as I have been approached many times now to speak/provide training to many different education/SEN professionals/organisations/schools/LAs and talk about the new framework. But I feel that there now needs to be a shift of focus from the 'theory' to providing practical advice. I have therefore decided to try and redress this balance myself, by organising a series of training days between October and December 2014 at my offices. I have called them ‘Turning Theory into Practice’ and they are going to have sessions entitled:
which will cover things like:
and my favourite:
They will be CPD accredited (as I know that many people need to keep their hours up!) There will be five individual days but, although they will all have the same content, they will each be each aimed at a different group of people coming from a similar perspective/profession, such as:
I have done things in this way as I have also noticed in the past year that, although those already involved with SEN (either personally or professionally) already know a bit about things, there is now also a lot of interest in the forthcoming changes, not just from those people/professionals involved in Schools/‘Education’‘ but also from those people/professionals working in Colleges/FE establishments or 'Health’ and ‘Care’ sectors. Whilst those already involved in school-based education (including those in Local Authority ‘Education’ departments) have had over 10/20/30 years to get used to the system we currently have, the others are now coming into it comparatively fresh. (And even those who think they already know what to do, may not know what they really need to do!) I often now joke that it took many people 10-20 years to get used to what to do with our current system so I hope that my training will help as many people as possible to not make the same/similar mistakes. Although people are welcome to come to any of the training days as they will be similar, by aiming at different audiences, I hope there may also be some mutually helpful things shared between from like-minded individuals who are in similar circumstances. This new system is going to be a massive change for many people/organisations, so it is imperative that everyone knows what they need to do and quickly learns the best ways of avoiding/dealing with disputes as soon as possible. SCHOOL/COLLEGE VISITS I have been conscious over the past few years that many parents now also seek my advice on potential School/College placements for a child/young person with SEN. I do not normally recommend a placement unless I have seen it for myself personally so in recent years, I have tried to make the time to visit a number of schools. I have also seen that there are some parents or professionals around the country who want to attend my training but who cannot get to London for a number of reasons. A couple of months ago I was able to combine a visit to Kisimul school in Lincolnshire with my speaking at the Kyra conference the next day (my thanks to them both for making me feel so welcome). Kyra told me that it was easier for them to get me up from London rather than all their audience having to come down from Lincoln! This got me thinking. I now have had an idea that may help everyone (including me). I will now try and combine School/College visits and will offer to run a training session/day for parents/professionals at those I visit. Doing things in this way will hopefully be mutually beneficial to everyone and ultimately help more children/young people. "I MUST BE DOING SOMETHING RIGHT!" (INCLUDING JOIN MY TEAM) I always try to end my updates with a light-hearted look at things that have happened to me, or share something from my personal life, such as my personal challenges as a disabled person, especially during the past few years when I have been riding a modified trike across countries like Sri Lanka, Madagascar and Israel to raise money for charity. I have also been fortunate to win some professional/personal awards in recent years. Well, I am delighted to tell you that this year I have been named ‘Education Lawyer of the Year in England’ in the Corporate International Global Awards 2014 and, at the end of last year, Douglas Silas Solicitors were named ‘UK - Niche Law Firm of the Year (Education)’ in the ACQ Law Awards 2013 (yes I know I could have told you this before!). It always gives me great pleasure to know that I am helping people but to be recognised nationally/internationally for it is even better. Like I say, ‘I must be doing something right!’ With best wishes Douglas |
by Douglas Silas, specialist SEN Solicitor
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‘Douglas Silas Solicitors’ is the trading name of ‘Douglas Silas Solicitors Limited’, a limited company registered in England & Wales (company no: 10689991), whose registered office is Gable House, 239 Regents Park Road, Finchley, London, United Kingdom, N3 3LF. A list of members/directors may be inspected at our office.
Authorised and Regulated by the Solicitors Regulation Authority (SRA no: 643718)
‘Douglas Silas Solicitors’ is the trading name of ‘Douglas Silas Solicitors Limited’, a limited company registered in England & Wales (company no: 10689991), whose registered office is Gable House, 239 Regents Park Road, Finchley, London, United Kingdom, N3 3LF. A list of members/directors may be inspected at our office.