www.SpecialEducationalNeeds.co.uk
  • ABOUT US
  • PRICING
  • TESTIMONIALS
  • WHAT PARENTS SAY
  • SEN Info (videos)
  • CONTACT US
  • HOW TO WIN A SEN APPEAL (videos)
  • TYPES OF SEN
  • SEND Tribunal Direction on Bundles
"The hope you give parents ​is nothing short of a miracle"
[a previous client]

Summer Term 2017/18 SEN Update: “CAN’T I EVEN LEAVE YOU FOR A mINUTE?”

5/4/2018

 
Well, here we are again at the start of the Summer term and nearing the end of another (academic) year once more.
 
In this update, you will find sections entitled:

  • SOME THINGS ARE WORTH REPEATING (PART 1)
  • WHAT’S YOUR FAVOURITE LAW?
  • RECENT/FORTHCOMING SEN EVENTS
  • WHEN YOUR CHILD BECOMES YOUR FATHER...

​I’m afraid that this update is ‘top-heavy’, as I have put in a lot of detailed information about SEN into the first section. So, I have deliberately split the first section up into two parts (I will let you read Part 2 in my next update) and also downsized the other sections to compensate.
 
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 below, using our App ‘SEN.fyi’, or by following me on one of the Social Media platforms that I use, at the top of this page.
​
You can also easily share this update with others (please only do so if it may be relevant to them) by using one of the icons usually to the right or at the bottom of this page, or on our 'SEN.fyi' App ​(by using the ‘share’ feature at the bottom of the page).
SOME THINGS ARE WORTH REPEATING (PART 1)
SOME THINGS ARE WORTH REPEATING (PART 1)
As you may know from my last update, the new annual SEN Law Conference, which I staged jointly with IPSEA and Matrix Chambers, was held on 6 March 2018. I am delighted to say that it was sold out to over 200 people a few weeks beforehand and seemed to be enjoyed by many differing types of people on the day, who were professionally or personally involved with SEN issues.
 
However, I know that there were some people who could not attend, so I thought I would share with you here now a few things from the day, which may be of interest to you – even if you were there!
 
We first of all heard from Ali Fiddy, the Chief Executive of IPSEA. Ali spoke to us about SEN from a parents’ perspective and opened with the now well-known d phrase: ‘Law trumps policy!’ She outlined a number of parts of the Children and Families Act 2014 and pointing out the still lack of enough joined-up working (referring also to The Children Act 1989 and the Care Act 2014).  She also talked about continuing difficulties with lack of specificity in Education, Health and Care (EHC) Plans and spent a little time criticising the formats of some EHC Plans (for example, not linking provisions to outcomes, or not following the correct order of sections).
 
Ali also discussed difficulties she had seen with transferring Statements of SEN to EHC Plans and highlighted some unlawful transfers due to:

  • Not undertaking a lawful EHC needs assessment;
  • Not seeking advice and information;
  • Unilateral decisions to use existing evidence to draw up an EHC plan even when it was very out of date;
  • Not calling a Transfer Review meeting or telling parents ‘after the event’ that an Annual Review meeting was actually also a Transfer Review meeting;
  • Not giving sufficient notice of the commencement of the transfer process.
 
We then heard from Mick King, the Local Government and Social Care Ombudsman (LGSCO). I found Mick’s talk quite enlightening, so I have dedicated a whole section of my next SEN update to what he said (that will be Part 2).
 
After this,we then heard from André Imich, a SEND Adviser from the Department for Education (DfE). André said he wanted to also look at the SEND Reforms from 1st April 2018, by which time most children and young people with SEN had been transferred from Statements to EHC Plans (although he acknowledged that there were still some transfers taking place and, for those people, the legal requirements of their Statements would continue).
 
In a fairly upbeat presentation, André spoke about things like the co-production of EHC plans working more now for many young people and parents, but how there were also still challenges for a few Local Authorities (LAs). He said that there were some LAs who were doing things more successfully than others and we needed to learn from them.  He also referred to statutory duties having to be met, but acknowledged that some health and care provision was still not being sought properly in assessments, with the result that some EHC Plans that had been produced were not good. 
 
However, he also told us that there had actually been increased satisfaction in accessing local services (I know that some people do not agree with this) and that there seemed to be improvement in attainment for children and young people with SEN in the past year, compared to the year before. He said that there were more young people going on to post-16 education, training and employment, but admitted that that the quality of EHC Plans seems to vary widely and the outcomes on them are often still too general (as quoted from Ofsted and CQC). 
 
Finally, he said that parental confidence had been improved with the whole SEND system and that it was important that SEND issues covered the 14.4% (who received school-based SEN support), not just the 2.8% (who had EHC plans).
 
We then heard from Colin Diamond, the Director of Children and Young People at Birmingham City Council, who spoke to us about ‘LAs and SEND: Opportunities and Challenges’. He highlighted the fact that Birmingham covered a very large area with over 9,000 EHC Plans, 446 Schools (including 27 special schools) and more than 205,000 pupils/students - 33% of whom were in child poverty and 30% of whom had English as an additional language).
 
Whilst Colin pointed out at the start that he could only speak from his personal experiences in Birmingham, he gave us a very thought-provoking talk and pointed out a number of challenges also being opportunities.  For example, he spoke about mainstream schools’ approaches to inclusion being influenced by perverse incentives sometimes and suggested introducing more sophisticated baselining and attainment/progress methodology.  He also pointed out how we had seemed to become over-reliant on EHC plans, but said that these were expensive, bureaucratic and often added little value and that perhaps we should start thinking about using models where more resources could be guaranteed to schools.
 
As one of the chair-people said afterwards, listening to Colin was like listening to one of your best teachers at school, because of his clear passion for what he did!
 
After lunch, I gave a talk about advocacy in the SEND Tribunal and pointed out that winning an appeal is not just about advocacy, as it is really only one part of an appeal. I highlighted the need to prepare your case properly and to try and make things simple to understand. I also highlighted the fact that you should not over-complicate things and should always plan strategically and ahead, as well as review your case critically as soon as you can. 
 
We then heard from Judge Jane McConnell, the lead Judge at the SEND Tribunal. Jane also spoke to us about challenges and opportunities and reiterated that we needed to look at legal tests. She spoke about how the Tribunal were often finding unclear reasons for LA decisions or a lack of evidence from EHC needs assessments.  She also highlighted again difficulties with the format of EHC Plans and stressed to us the importance of getting your evidence correct, both in writing and orally. 
 
Jane pointed out a few procedural changes which had been introduced over the last year by the SEND Tribunal (such as refusal to assess appeals now being listed as ‘paper hearings’ and the increased use of a [revised] ‘Request for Changes’ form) and also spoke about procedural changes that would be coming this coming year (such as revised bundle guidance, which will cap the number of pages of evidence each party can submit in an appeal [in addition to a ‘core’ bundle] and that the Tribunal would be revising their guidance for professional witnesses).
 
Jane then spoke to us about the introduction of the National Trial, which gives the SEND Tribunal additional powers now to allow them to make recommendations relating to social care and health, as well as educational decisions (which has now started for decisions about children/young people with SEN from 3 April 2018). She said that the type of issues they expected (following a ‘Pilot’) were:
 
Social Care:

  • Lack of social care evidence (i.e. no social care assessment or the response from Social Care being ‘not known to this service’);
  • Lack of specification in social care evidence re identified need or specification of support;
  • Need for residential case based on social care evidence;
 
Health:

  • Need for Cognitive Behavioural Therapy;
  • Identification/evidence from CAMHS (the Children and Adolescent Mental Health Service);
  • Provision of continence aids.
 
Jane ended by saying that initial learning from the previous recommendations pilot had been that there was more positive working between SEN and social care teams within LAs (which allowed for a more holistic view of the child or young person). She also said that health issues raised were not significant or clinical issues, but had been particularly relevant for post school/FE/residential school placements, where there seemed to be no educational need.
 
At the end of the day we heard from Sarah Hannett and David Wolfe Q.C., who gave us legal updates in relation to exclusions, disability discrimination and the (ever popular) breakdown of what had happened in the courts regarding SEN in the past year.
 
David ended his paper with a quote from one case regarding the Human Rights Act which said:
 
“It is a salutary reminder to all local education authorities [sic] and their staff that in performing their day-to-day functions they are discharging the United Kingdom’s obligations under the [European] Convention [on Human Rights].”
 
I hope that what I have said above has given you a flavour of what happened at the SEN Law Conference this year and hope that you will be able to join us at the 2019 Conference next year.
WHAT'S YOUR FAVOURITE LAW?
WHAT’S YOUR FAVOURITE LAW?
Do you, like me, find people saying a lot of the time (usually when having an argument with a spouse or partner) that ‘it’s not what you say, but how you say it’? 

​When you try and translate this concept into the law, you often find that people say that it is alright having a law sometimes, but there is no point if that law is not then implemented properly.
 
However, I still find that we should stop and recognise that the law on SEN has changed or developed in recent years and I therefore want to highlight some of the new laws that we now have in the Children and Families Act 2014, which have become some of my favourite laws in these past few years.
 
The first is (and if you know the Children and Families Act well by now, you will also have probably reflected upon this) Section 19, the first section, which opens the (Part 3) section on SEND. It states as follows:
 
‘Local authority’s functions: supporting and involving children and young people
In exercising a function under this Part in the case of a child or young person, the local authority in England must have regard to the following matters –

  1. The views, wishes and feeling of the child and his or her parents, or the young person;
  2. The importance of the child and his or her parents, or the young person, participating as fully as possible in decisions relating to the exercise of their functions;
  3. The importance of the child and his or her parents, or the young person, being provided with the information and support necessary to enable participation in those decisions;
  4. The need to support the child and his or her parents, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational outcomes.’
 
I know that many people put a lot of weight on the words ‘best possible educational outcomes’ but, conversely, others say that this section should not be relied upon too much and we should instead focus on the word ‘regard’ as, although it seems to mark a change of direction, this secton is only aspirational in nature.
 
The other part of the Children and Families Act, which I believe is becoming more relevant now, is Section 21(5) which states:
 
‘Healthcare Provision or Social Care Provision which educates or trains a child or young person is to be treated as special educational provision (instead of healthcare provision or social care provision).’
 
I am not sure that people yet understand the real importance of this, as whilst something might ostensibly seem to be a health or social care need, the provision for it may still be considered educational in nature.
 
Perhaps you’ve got some different favourite laws? If so, please let me know (by using the survey link at the end).
RECENT FORTHCOMING SEN EVENTS
RECENT/FORTHCOMING SEN EVENTS
As I have already relayed a lot above about the annual SEN Law Conference, I am keeping this section of my update quite short today. I will just say that, in terms of forthcoming SEN events, this is the time of year when I usually remind people of the following:

  • The Naidex (Disability) Exhibition on 25/26 April 2018 at the NEC, in Birmingham;
  • The annual SEND ​Update Conference being staged by Optimus on 21 June 2018, in London;
  • The Autism Show 2018 at Excel, London on 15-16 June 2018; at the NEC, Birmingham on 22-23 June 2018; and at EventCity, Manchester, on 29-30 June 2018.
WHEN YOUR CHILD BECOMES YOUR FATHER
WHEN YOUR CHILD BECOMES YOUR FATHER...
My eldest child, Zachi, (who you may recall from previous updates recounting some of my international bike rides for charity), lives abroad.

​It was Zachi’s 21st birthday recently, so I flew out for a few days to celebrate with him (not an easy thing to do when you are physically disabled and use a wheelchair to get around!) (It also wasn’t a surprise for him, as there was too much pre-planning involved to get me there safely…)
 
On our last night together (we had celebrated his birthday with his friends on the first night I was there), we went out for a pizza. However, the restaurant was full inside, so we had a drink outside whilst we waited for a table to come free and ordered our pizza.
 
I usually only drink soft drinks when I am out in my wheelchair (I joke with people that I do not drink and drive!), so I ordered a bottle of Coke. Half of this was poured for me into a glass - I like to only drink half a glass of anything at a time, because I know that I have great difficulty with my fine motor skills & co-ordination and can easily knock things over.
 
Soon, a table became free and our drinks were carried inside and put on it, where our pre-ordered pizza was also now waiting for us. Zachi went to the bathroom and, trying to be helpful whilst he was gone for a few minutes, I decided to try and move things around a bit on the table to make it easier for us to eat. However (and I bet you’ve already guessed this), whilst trying to move things around, I inadvertently knocked over the half-full bottle of Coke, which then quickly went over most of the pizza.
 
I felt terrible and when Zachi returned, feeling like a naughty child, I told him about what I had done accidentally and apologised to him.
 
Zachi just looked at me with an exasperated but knowing look on his face and said:
 
“Can’t I even leave you for a minute?”

With good wishes

​Douglas
P.S. I always find it helpful to find out what people think about my updates, so please take a few seconds to tell me what you think by
  • going to 'Summer Term 2017/18 'SEN Update – Your Thoughts’ (if reading this on our website); or
  • complete the survey under the ‘Feedback’ section (if reading this on the 'SEN.fyi' App).

There are just 3 quick questions.

Comments are closed.

    Archive

    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    November 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    January 2020
    November 2019
    September 2019
    July 2019
    May 2019
    March 2019
    January 2019
    November 2018
    September 2018
    July 2018
    May 2018
    March 2018
    January 2018
    November 2017
    September 2017

    More Updates

    Categories

    All
    Autism
    Coronavirus
    Early Years
    Exhibitions
    Funding
    Further Education
    Government
    Guidance
    Law
    Mental Health
    News
    Other Countries
    Podcast
    Resources
    Schools
    SEN Tribunal
    Video

    RSS Feed

    Picture
    Picture
    T: 020-8349-7700 

    E: [email protected]
    ​

    Or: 
    ​
    Make An
    Enquiry Online
    Picture
    Click here to read:
    ​ Testimonials
Picture
[EDUCATION LAW]
Picture
[SEN LAW FIRM OF THE YEAR]
Picture
[5 STAR LAWYERS]
Picture
[OUTSTANDING ACHIEVEMENT]
Picture
[EDUCATION LAW]

ABOUT US

About Us
What We Do
How We Help
Why Choose Us
Meet Our Team
What Parents Say
PRICING

Pricing
Menu of Services
TESTIMONIALS

Testimonials
SEN Info (videos)

 SEN Info (videos)​
"How To Win A SEN Tribunal Appeal"​
FAQs About SEN
CONTACT US

Contact Us
Make An Enquiry Online
​A Guide to SEN (email course)
How To Win A SEN Tribunal Appeal (email course)
SEN Updates (signup)

SEN Update (Thought of The Week)

​© Douglas Silas Solicitors 2005-24
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.
Privacy Policy/Complaints
  • ABOUT US
  • PRICING
  • TESTIMONIALS
  • WHAT PARENTS SAY
  • SEN Info (videos)
  • CONTACT US
  • HOW TO WIN A SEN APPEAL (videos)
  • TYPES OF SEN
  • SEND Tribunal Direction on Bundles