Agenda item

Written report from Joy Hollister (attached)

The Board received a report outlining the main elements of the proposed Children and Families (Special Educational Needs and Disability (SEND) Bill, due to become legislation in September 2014, and the implications for the local authority and health sectors in Havering to consider. The intention of the legislation is to create a more family friendly process which draws together the support a child requires across education, health and care so that there are improved outcomes for children and young people with SEND.  The key points and implications were as follows:-

(i)            Clause 25 requires Local Authorities to ensure the integration of education, health and social carefor children and young people with SEND up to the age of 25. 

The replacement of statements with a new birth to 25 Education, Health and Care plan will carry resource implications, as there will be the need to set up formal integrated systems, and to establish a permanent designated medical officer.

(ii)          Clause 26 says there must be joint commissioning arrangements between education, health and social care. 

The joint commissioning arrangements again carry resource implications, as new systems will need to be established. Arrangements will need to be properly underwritten to avoid any ambiguity.

(iii)         The draft Code of Practice says that there must be a single assessmentprocedure (involving parents and children) on which health, social care and education agree so that families do not have to repeat their story and appointments are kept to a minimum.

The single assessment procedure requires cross agency working with parents and children, there are resource implications in setting up new systems to accommodate this assessment process. 

(iv)         Clause 30 says that Local Authorities must publish a Local Offer to enable parents to understand what is available and how it can be accessed. This has to include health services and must include how these services are accessed.

The resource implications regarding mediation will sit with whichever independent body is called to act as mediation advisor.

(v)          Clauses 51 and 52 refer to an independent mediation service for when agreement cannot be reached.  Any mediation advisers and independent persons must not be employed by the local authority.  Parents must be offered the service where there is a disagreement about the content of the plan although if the disagreement is purely about the school parents can opt for tribunal.

The resource implications regarding mediation will sit with whichever independent body is called to act as mediation advisor.

(vi)         Clause 48 says that there must be a means by which to offer personal budgets to families which includes direct payments for health and education as well as social care.

There are clear financial implications when implementing personal budgets and direct payments, both in terms of administration and allocation of budget amount. It is expected that regulations on the provision of personal budgets will follow.

London Councils are asking for Minister’s assurances that the delivery of new SEN duties will be funded by Central Government. There is the risk that if sufficient funding does not follow the new responsibilities, local authorities could struggle to deliver.

The Committee noted the report on the Bill, which has yet to reach the report stage in the House of Commons, and agreed that Children’s Services would provide a further update at the September meeting.