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education system that is appropriate to meet their individual needs,” said Sean Stockdale, organiser of NASEN, one of the main campaigning groups in this field. “In recent years we have seen a


significant increase in the number of children and young people with far more complex needs. Modern medical science is enabling those with life-limiting conditions to live longer and babies born very prematurely are surviving,” says Stockdale, who points out that the SEN system was too cumbersome to deal with multi-faceted conditions and needs. Indeed, Baroness Warnock herself


has publicly expressed frustration that her report was used to create an ‘appalling’ bureaucratic monster that soaks up resources in its administration and fails to acknowledge different levels of disadvantage. Over the past two years, significant reform has been set in train.


Enter EHC In March 2011, a Government Green Paper laid out a vision for the more than 20% of the educational population, some 1.7 million children and young people, currently identified as SEN. A consultation document published


in May 2012 paved the way for new legislation, the Children and Families Bill, expected this year. The Bill offers a fundamental reform of the existing law, aimed to provide beter support for families, legislating to break down barriers, bureaucracy and delays that stop vulnerable students receiving the support they need. The main elements of the Bill include special educational needs determined by a single assessment process supposed to cover the whole learning journey from birth to 25 years of age, which is more streamlined, beter involves children, young people and families and can be completed quickly. The traditional ‘statement’ is replaced


by an Education Health and Care Plan that is supposed to be owned by all the relevant service providers, focused on improving outcomes. The EHC plan comes with a personal budget atached, along with requirement for local authorities and health services to jointly plan and commission the services that the young person and his or her family needs. The legislation also encompasses


requirements on local authorities to publish ‘local offers’ indicating the support available to those with SEN's and disabilities, along with introduction of mediation opportunities for disputes and


our most vulnerable young people to access employment, education or training opportunities alongside their peers,” Stockdale said.


“Colleges will have to ensure that they are able to offer appropriate provision for all those at 16+ that enables our most vulnerable young people to access employment, education or training opportunities…” Sean Stockdale, NASEN


trial, giving children the right to appeal if they are unhappy with their support.


Beyond ‘hours’ NASEN gave its cautious support to early drafts of the legislation. “Although we have some of the best


educational provision in the world which supports our most vulnerable young people there is always room for improvement and it is hoped that the proposals in the Green Paper, and the legislation that follows will support schools and colleges in improving their provision for children, young people and their families,” said Sean Stockdale. “There has been much discussion


and media coverage about the over- identification of SEN children and young people. Yes, there may well be pupils who are low achievers who have been listed as SEN but it is also highly likely that there are probably equally as many who have not been identified at all,” Stockdale pointed out. “The system we currently have relies


heavily on families and schools fighting to get a statement. In the past, statements came with allocated ‘hours’ of additional support. Boxes are ticked in terms of support provided, not outcomes achieved.” The introduction of EHC Plans will


hopefully eradicate this notion of ‘hours’ and be far more outcomes focused.” “The really positive outcome in these


proposals is the introduction of a plan from ages 0–25 as there are many young people who fall through a gap in the current system once they reach the age of 16. The introduction of the plan will ensure that this does not happen but schools and colleges will have to ensure that they are able to offer appropriate provision for all those at 16+ that enables


Huge gap However, Melinda Netleton, of specialist education solicitors SEN Legal, identified a huge gap in the forthcoming legislation. “Quite simply, EHC Plans do not cover


Higher Education,” she says. “The needs of young people with EHC


Plans needs will not cease if they go to University. But Universities are not geared up to SEN,” she points out. “The proposals avoid responsibility for


this group, leaving the mater to Disability Discrimination legislation, which can be invoked after the event, when it has gone wrong. This is wholly inadequate.” Netleton also pointed out that


Student Finance England, which receives applications for Disabled Students Allowances, will not accept special care requirements form the new EHC Plans. “Student Finance England will


require fresh post-16 reports confirming conditions that have existed, in some cases, since pre-school Statements. This should stop,” declared Netleton, who wants EHC Plans to cover Universities and Apprenticeships and to be acceptable to Student Finance England.


No student left behind? The campaigning group Every Disabled Child Maters (EDCM) is also unhappy with the shape of the Children and Families Bill, for broadly similar reasons. “The key difference between EHC


and previous SEN statements is that the new plans will extend beyond school to significantly improve the rights of young people to support in college and extending entitlements to apprenticeships,” said EDCM Campaigns Manager Laura Courtney. “This is a major improvement that we welcome.” “But young people will stop being


able to get an EHC plan if they go to university. There are many benefits of EHC plans continuing into higher education, including reducing the need for a further reassessment and ensuring co-ordinated support continues for young people who may be moving away from home. “EDCM believes that young people at


university should also be eligible for an Education, Health and Care plan. We are keen to hear from the government why they have decided to leave universities out of the new framework and whether they will re- consider this position,” said Courtney. UB


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