Children and Families Bill 2013 – what will it mean for Local Authorities and Providers?

Claire Dorer - NASS

Bill introduced March 2013 – Is in 9 main sections

1. Adoption and LAC2. Family Justice3. SEN4. Childminding5. Children’s Commissioner6. Statutory Rights to leave and pay7. Time off work for ante-natal care8. Right to request flexible working9. General Provisions

Key Changes (non SEN-related)

• Promotes fostering and adoption for LAC• Requires each LA to have a Virtual School Head for

LAC• Limit care court case decisions to 26 weeks• Increase child minder ratios• Deliver more wrap-around care via schools• Remove Director of Children’s Right role• Easier for parents to have time off, paid leave and

flexible working

Key SEN Changes• Statements of SEN replaced with Education, Health and Care Plans• Single assessment process• Duty on Health to jointly commission and provide services• Plans can be in place from birth to 25 years old (if remaining in

education)• Parental preference strengthened and right to express preference for

Non-maintained and Independent Special Schools along with Special Academies and Free Schools

• Local Authorities will have to produce a Local Offer of services generally available in their area

• Parents can opt for personal budgets and direct payments for some services

Testing Out the SEN Changes – the Pathfinders

• Initially due to run until April 2013 – now extended to September 2014

• 20 pathfinders involving 31 different LAs• All pathfinders focusing on different aspects of

the Bill• Progress being supported by Mott McDonald

and evaluated by SQW• Findings due to inform legislation and regulation

Pathfinder Authorities• South East 7 (Medway, Kent, East Sussex, West Sussex, Brighton and Hove, Surrey,

Hampshire)• Southampton• Cornwall and the Isles of Scilly• Devon• Wiltshire• Bromley and Bexley• Greenwich• Lewisham• Hertfordshire• Northamptonshire and Leicester City• Nottinghamshire• Solihull• Northwest Consortia (Trafford, Oldham, Wigan, Manchester, Rochdale)• Gateshead• Hartlepool• Calderdale• North Yorkshire

Key Findings to Date• Latest report June 2013:

https://www.gov.uk/government/publications/evaluation-of-the-send-pathfinder-programme-process-and-implementation

• Most pathfinders slower to get started than anticipated

• Relatively small numbers of young people have been issued with an EHCP

• Personal budgets mainly used to date for transport – parents not keen

What are the key challenges?

• In general, Local Authorities maintain accountability but will have less control over what is delivered and how, as more power moves to parents

• Commissioners key to success – how far have they been invovled?

• There is a focus on a local agenda but most LAs are likely to have to work collaboratively to commission services

• Working more closely with other agencies• Needs to be delivered at a time of diminishing economic

and staff resources

Expansion of parents’ rights to express a preference for a specific school

• Currently applies to maintained schools only – parents can request another type of school but LAs do not have to meet this request

• Bill gives parents the same right to express a preference for all “state funded” special schools including academies, free schools, non-maintained special schools and approved independent special schools

• LAs will have to meet that request unless:– The school cannot meet the needs of the child or young person– The placement is an inefficient use of resources

• When a school is named in the Education, Health and Care Plan it has a duty to admit that child or young person

Losing your grip?

In practice ...• Both schools and Local

Authorities will need to be clear about the costs of provision and what is included. Will need to look at overall cost to public purse of different options.

See www.nasschools.org.uk

In practice (cont.)• LAs will have to carefully consider use of framework

agreements – parental choice not limited to schools which are within agreements

• School funding reforms suggest LAs should not be using procurement approaches to SEN placements. EFA now conducting “financial assurance” on NMSS

• So how do we encourage schools and LAs to work collaboratively on issues such as pricing, referrals, quality assurance and contract monitoring?

See www.nasschools.org.uk for commissioning discussion paper

Key areas for collaboration

• Supply and distribution of services• Methods of referral• Understanding of costs• Clear outcomes for children and young people• Reviewing progress• Monitoring contracts

The Local Offer• Each LA will have to publish a Local Offer

annually, setting out what services it generally expects to be available for children, young people and families from its area

• Will include services across education, health and social care

• Will need to include services regularly used but located outside area e.g. NMISS

• Must involve children, young people and families

Key dates

• Early 2014 - Royal Assent Expected• September 2014 – key components

introduced:– New SEN Code of Practice– Education Health and Care Plans– End of S139 assessments– Creation of “Approved Independent Schools”– Requirement to publish a Local Offer