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Special Educational Needs and Disabilities (SEND) for children in care

What is meant by SEND?

SEND is defined in section 20 of the Children and Families Act 2014:

  • Special Educational Needs and Disabilities, or SEND, refers to learning difficulties or disabilities that make it harder for a child or young person to learn than it is for others of the same age, and for whom additional provision must be made.
    SEND can be categorised into four main areas of need:
    • Communication and Interaction
    • Cognition and Learning
    • Social Emotional and Mental Health
    • Sensory and/or Physical Needs
  • A child of compulsory school age or a young person has a learning difficulty or disability if he or she has a:
    • Significantly greater difficulty in learning than the majority of others of the same age, or
    • A disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream Post-16 institutions

What does Post-16 mean?

The Children and Families Act 2014 introduced a new legislative framework for children and young people with SEND aged 0-25. It brought in a single system of integrated Education, Health and Care Plans (EHCPs) to cover all students from 0-25 years of age.

The reforms aimed to increase protection for young people with SEND and to promote a greater focus on outcomes and preparing for adulthood.

Why is this area of work important? What do you need to know?

  • There is a high prevalence of special educational needs amongst the cohort of children and young people in care.
  • There is a risk that these needs can be misinterpreted as being related to past traumatic experiences rather than a special educational need.
  • Additional support may be needed by carers to navigate SEND systems and processes.
  • Provision and funding of support for SEND is different at Post-16 to that for statutory school age children.
  • As corporate parent, the Local Authority has a duty to act as a concerned parent would for its children and young people in care.
  • The Virtual School has a strategic lead for SEND who works closely with partners across Children's Services.

What is the Virtual School response to SEND?

The Virtual School:

  • Has oversight of all Norfolk children in care and monitors their educational progress via the Personal Education Plan (PEP) process.
  • Tracks and monitors all requests for statutory assessment and for specialist placements.
  • Meets and liaises regularly with the High Needs SEND Team and the Placements and Brokerage Team to ensure children in care are prioritised for both assessments and placements.
  • Ensures that appropriate assessments are accessed in a timely manner for children in care.
  • Escalates cases of concern across all Children's Services directorates as appropriate.

What does the law say?

  • Schools must identify and assess children with SEND and provide appropriate support.
  • Schools must have a named SENDCo. Post-16 settings should have a named person who oversees SEND provision. Early Years settings that receive Government funding should also have a named SENDCo.
  • Schools must inform parents when making special educational provision.
  • Schools must admit children with an EHCP.
  • All young people aged 16 or 17 should be in some form of learning until they are 18.

How can you help children and young people with SEND?

  • If you have a concern about a child or young person this should be raised in the first instance with the school/setting.
  • All schools are required to publish on their website details of their SEND policy and their approach to teaching children with SEND as part of their Information Report.
  • This forms an element of the Local Authority's Local Offer for learners with SEND and can be found at SEND Local Offer - Norfolk County Council website.

What support do we have in Norfolk?

The Virtual School's team of advisers works in collaboration with schools, settings, carers and social workers to ensure timely provision is made, appropriate assessments are undertaken and requests for statutory assessment are made when this is identified as necessary.

Key contacts within the Virtual School

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