SEE, THEY LISTEN SOMETIMES
​(HEALTH/CARE RECOMMENDATIONS)

This is an extract from my
Summer Term 2016/17 'SEN Update' entitled: 
“Talk About Frustrating!"
that was released on 28th April 2017.

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You may recall from one of my earlier updates, that the SEND Tribunal has undertaken a pilot project in recent years in 17 Local Authority (LA) areas where, when making educational decisions, it could also then make recommendations in relation to health and social care sections of Education, Health and Care (EHC) plans.
 
Well, following the publication of a report entitled: ‘Special Educational Needs and Disabilities, Discrimination Resolution Arrangements in England’ published on 29th March 2017, following research undertaken by the Centre for Educational Development, Appraisal and Research (CEDAR), the Government has decided to now extend the powers of the SEND Tribunal Pilot for a 2-year national trial (in England only I’m afraid).
 
The Report itself runs to over 300 pages but the Government's response paper is just 30 pages and is split into 8 sections covering, amongst other things, ‘EHC needs assessment and plan development processes’, ‘mediation’, ‘disagreement resolution services’ and ‘appeals to the First-tier Tribunal (SEND)’.
 
Just in case you do not have time to read it through yourself the first section is entitled: ‘Executive Summary’ and says:
 
       ‘The CEDAR Review had 6 objectives:
 

• To examine whether the process of EHC needs assessment and plan development is successful in resolving and preventing disagreements at an early stage, including perspectives on the experience of appealing to the First-tier Tribunal SEND;
• To examine whether information, advice and support services and disagreement resolution services are helping to resolve the issues at an early stage;
• To examine how successful mediation is in resolving issues without the need for recourse to the First-Tier Tribunal SEND and to assess the costs savings of mediation;
• To examine whether education, health and social care complaint arrangements are working for children and young people with SEND and their parents; and
• To understand the experiences and learning from a pilot of 17 LAs to extend the powers of the First-tier Tribunal SEND to make non-binding recommendations on disagreements about health and social care aspects of ​EHC plans.

 
(Do you, like me, only count 5 objectives?) 
 
The Report goes on to state:
 
'Evidence suggests that where local areas have a person-centred approach (Information, Advice and Support Services) (IASS), this helps to reduce the number of disagreements and resolves them early.  Evidence also suggests that mediation is effective in reducing the number of appeals to the First-tier Tribunal SEND and overall costs, especially to families.  Evidence on the pilot enabling the First-tier Tribunal SEND to consider health and social care issues and make non-binding recommendations is limited, but early findings suggest that a Tribunal power improves joint working between education, health and social care partners.
 
This Review also highlights issues with the varied LA implementation of the SEND reforms, variation in IASS, accessibility, lower usage of Disagreement Resolution Services (DRS), variation in the quality of SEND mediation and, in some cases, ineffective local complaint procedures.’
 
The Government then sets out its response as follows:
 
‘We are already providing financial and practical help to local areas to implement the SEND reforms.  In addition to these, this Report sets out new steps we intend to take, including:
 

• Publishing good practice guidance developed as part of CEDAR’s Review and sharing this with local areas through regional networks and delivery support partnership;
• Support continuous professional development for LA staff, middle manager and caseworker levels;
• Considering how best to channel government support for families from April 2018 (when transition to EHC plans will be complete)
• To encourage constructive early dialogue and to ensure effective signposting and support for disagreement resolution;
• Supporting the mediation sector to introduce voluntary standards and accreditation of training programmes for SEND mediation;
• Reducing accessible guidance for families in the event where routes for complaint and disagreement resolution; and
• Introducing a two-year national trial of the expansion of the First-tier Tribunal SEND powers to make non-binding recommendations on the health and social care elements of the EHCP.’

 
I couldn’t find too much information about the response to the Government’s announcement on the internet, although I did come across a news briefing from the National Autistic Society (NAS) which stated that:
 
‘This announcement of a national trial for the next 2 years is a step in the right direction.’ 
 
I also came across one from the Council for Disabled Children (CDC) which pointed out that of the 40,952 decision[s] from 109 local authorities, only 7% were appealed.’
 
It also added:
 
‘where families did raise complaints the top 3 main concerns reported by interviewees were; complaints being ignored, complaints taking too long, and responses that did not help put right the issue complained about.’
 
Speaking for myself, I also believe that this is a step in the right direction.

It is very important to always look holistically at a child or a young person when deciding about their placement/provision and this should not only be restricted to looking at things through the prism of education, but should also see things in terms of health and social care.
 
See, they listen sometimes …

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With best wishes

Douglas

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