IPSEA's SEN Green Paper response - June 2011

 

Download IPSEA's full Green Paper response here - this was created using evidence from our survey. IPSEA are pleased to have the opportunity to respond to the Government's proposals for reform of the SEN support system. IPSEA Chief Executive Jane McConnell says

" We are looking forward to working in close partnership with the Government to develop ideas. It needs to be very clear before any changes are introduced in legislation that they will make a positive impact on the lives of children and their families. To do this will take time to gather good evidence on proposals. Approached properly this opportunity has the potential to make a real difference."

 

We would like to say a big thank you the 1,039 people who took part in our survey. This is vital evidence that overwhelmingly supports our views.

Summary of IPSEA’s views

The role of parents

  • Parents need to be at the centre of the process of identifying and establishing the extent of their child’s needs and additional educational provision to be put in place. 796 parents whose child has SEN/disability took part in our survey. They strongly believe that their views need to be listened to and respected by the professionals responsible for assessing and educating their children. They need to be acknowledged as “professional” parents. Without this basic respect, mistrust builds up – and this can have a detrimental effect throughout the child’s education.

A Single Statutory Assessment

  • To be effective, the existing legal right that children have to receive the special educational provision specified in their Statement must be extended to cover any health and social care provision identified as needed by the assessment. A commitment by all parties to provide their services is not enough. Children and young people need an enforcable legal right to this provision.
  • It is essential that therapies such as Occupational Therapy, Physiotherapy and Speech and Language therapy remain as part of the educational assessment of a child’s needs and remain part of a Local Authority’s statutory duty to arrange as special educational provision.

The current Statutory Assessment process

  • An effective way to shorten the overall assessment process would be to make statutory assessment on parental request compulsory. The first decision that would then have to be made by a Local Authority would be whether a child needed a Statement of SEN or statutory equivalent based on the evidence gathered from the statutory assessment.
  • This innovation would be particularly effective when a child is born with a condition such as Down syndrome, a hearing impairment, visual impairment or Cerebral Palsy where evidence exists that it is extremely likely they will need statutory
    assessment to identify the extent of their Special Educational Needs.

A “Local Offer”

  • The level of support detailed in a Local Authority or school’s core offer should reflect a child’s legal entitlement. If the provision ’offered’ falls short of a child’s legal entitlement, then parents should be clear on the action they can take to protect their children. This is particularly important for those children and young people who are not supported with a statement of SEN but are on school action or school action plus under the current system.

A bias towards mainstream education

  • The legislation currently requires the individual consideration of every child. It supports parents in securing a place for their child in mainstream as a type of school, but falls away if they do not want a mainstream place. IPSEA would be strongly opposed to the removal or dilution of this right.

Academies

  • Academies must be brought directly under the same statutory duties as maintained schools towards children with SEN.

The Child’s right of appeal

  • IPSEA welcomes the Government’s commitment to opening up the right of appeal for children to the SEND Tribunal. Such a development will have a profound and positive effect in ensuring that particularly looked after children have an increased opportunity to have their case heard.

Enforcement

  • SEN legislation already in place should be implemented. Local Authorities should be stopped from implementing illegal local SEN policies which turn the legal process into a postcode lottery.

Individual Education Plans

  • Guidance on the use of Individual Education Plans should not be removed.

A National Funding Formula

  • The introduction of banding is an administrative convenience but must be accepted as a guideline only and not take the place of the determintion of the provision required to meet individual children’s needs.

Jane McConnell
Chief Executive
30 June 2011

 

Download IPSEA's full Green Paper response here