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Post-16 Special Educational Needs and Disabilities in England: Faqs

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Post-16 Special Educational Needs and Disabilities in England: Faqs BRIEFING PAPER Number 8561, 17 May 2019 Post-16 Special Educational By Sue Hubble Needs and Disabilities in Paul Bolton England: FAQs Contents: 1. What are special educational needs? 2. SEND provision for students over 16 years of age 3. Education Health and Care Plans (EHC Plans) 4. Numbers of students 5. Funding 6. Disputes 7. Higher education www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Post-16 Special Educational Needs and Disabilities in England: FAQs Contents Summary 3 1. What are special educational needs? 4 What is the law around post-16 SEND? 4 2. SEND provision for students over 16 years of age 6 Do young people get support when they are no longer in compulsory education? 6 Do all students with SEND get the same level of support? 6 Are 19-25 year olds eligible for support? 6 Who is responsible for provision? 7 What is the Local Offer? 7 What is covered by SEND support? 7 Can students get help with transport costs? 8 Does support extend to students who have left education? 8 3. Education Health and Care Plans (EHC Plans) 10 What are EHC plans? 10 Can all young people with disabilities get an EHC plan? 10 When does an EHC Plan end? 11 4. Numbers of students 12 How many young people have an identified SEN or disability? 12 How many young people have EHC plans? 12 How many people aged 16+ with SEND stay on to further or higher education? 12 Where do those age 16+ receive this support, isn’t it all in special schools? 13 5. Funding 14 Who pays for SEND provision? 14 How is SEND funded? 14 How much does it cost in total? 15 Can parents contribute towards the cost of a placement? 15 Can students access private provision? 15 Do local authorities have enough funding for post-16 SEND? 16 What is the government doing? 17 6. Disputes 19 What can I do if I disagree with the provision offered? 19 Where can I get advice? 19 7. Higher education 20 What happens when students enter higher education? 20 What are reasonable adjustments? 20 How many students have a disability? 21 Is there any funding to help disabled students? 21 How many students get DSA? 21 Is there any help for postgraduates? 22 What type of non-financial support is available? 22 How much do universities spend on students with disabilities? 23 3 Commons Library Briefing, 17 May 2019 Summary The provision and funding of support for post-16 students with special educational needs and disabilities (SEND) is complicated and is different to support for school age students. The current framework of support was introduced by the Children and Families Act 2014. Under this new framework the system of Statements of Special Educational Needs and Learning Difficulty Assessments (LDAs) for over 16s, was replaced by a single overarching system of support for students from 0-25 years of age and SEN statements and LDAs were replaced by Education Health and Care (EHC) plans. LDAs were phased out with the introduction of EHC plans and the last LDAs were phased out of the system in 2016. Support for post -16 students is provided by different sources and in different forms depending on the level of support needed. Students with low level needs may be provided with support in the form of ‘SEN support’ – students with more complex high needs will be supported through provision set out in an Education Health and Care (EHC) plan. In January 2018 there were 20,450 pupils in state-funded schools Growth in EHC plans (thousands) aged 16+ who were on SEN support and a further 19,100 with by age... 80 25 EHC plans or statements. - A total of 84,260 young people aged 16-25 had EHC plans (or 20 statements of SEN) in January 2018. The majority (70,100) were 60 aged 16-19. The total number has increased rapidly since the new legal framework came into force in 2014. 40 19 - Students in higher education are supported by a completely 16 different system of institutional support and government funded 20 Disabled Students’ Allowances (DSAs). 56,900 students from England received DSAs in 2016/17, down 0 from a recent peak of just over 60,000 in 2013/14. 2010 2012 2014 2016 2018 This briefing paper answers some frequently asked questions about the provision of support for post-16 students with SEND. Cover page image copyright Click & browse to copyright info for stock image 4 Post-16 Special Educational Needs and Disabilities in England: FAQs 1. What are special educational needs? The current definition of special educational needs (SEN) and learning difficulties is set out in the Children and Families Act 2014 s20: When a child or young person has special educational needs (1)A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her. (2)A child of compulsory school age or a young person has a learning difficulty or disability if he or she— (a) has a significantly greater difficulty in learning than the majority of others of the same age, or (b) has 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. There is no single definition of disability in the UK. The Equality Act 2010 defines people covered by the disability sections of the Act as people with “physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities”. This definition provides a relatively low threshold: ‘long-term’ is defined as ‘a year or more’ and ‘substantial’ is defined as ‘more than minor or trivial’. This definition includes sensory impairments such as those affecting sight or hearing, and long-term health conditions such as asthma, diabetes, epilepsy, and cancer. What is the law around post-16 SEND? There is a framework of legislation and statutory guidance governing the provision of Special Educational Needs and disability (SEND). The Children and Families Act 2014 introduced a new legislative framework for children and young people aged 0-25 with SEND. It brought in a single system of integrated Education, Health and Care Plans (EHC plans) 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. Part 3 of the Act contains all the relevant sections about children and young people with SEN and disabilities. The government also published statutory guidance on the SEND provisions, Special educational needs and disability code of practice: 0 to 25 years Statutory guidance for organisations which work with and support children and young people who have special educational needs or disabilities, January 2015. This Code of Practice (COP) provides statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Act 2014 and associated regulations and applies to England. 5 Commons Library Briefing, 17 May 2019 Various regulations have also been made under the Act - the most relevant ones being: • The Special Educational Needs and Disability Regulations 2014 (the main regulations underpinning the Act) • The Special Educational Needs (Personal Budgets) Regulations 2014 The DfE have also issued non-statutory guidance for local authorities, SEND: 19- to 25-year-olds’ entitlement to EHC plans. The Equality Act 2010 also sets out legal obligations that post-16 institutions, local authorities and others have towards disabled young people: • They must not directly or indirectly discriminate against, harass or victimise disabled children and young people • They must make reasonable adjustments, including the provision of auxiliary aids and services, to ensure that disabled children and young people are not at a substantial disadvantage compared with their peers. This duty is anticipatory • Public bodies are covered by the public sector equality duty and, when carrying out their functions, must have regard to the need to eliminate discrimination, promote equality of opportunity and foster good relations between disabled and non-disabled children and young people. The IPSEA (Independent Parental Special Education Advice) webpage SEN and disability statute law, regulations and guidance gives more detail on SEND law. 6 Post-16 Special Educational Needs and Disabilities in England: FAQs 2. SEND provision for students over 16 years of age Do young people get support when they are no longer in compulsory education? The Children and Families Act 2014 brought in regulations which provide for support for all children and young people aged 0-25 with SEND. Chapter seven of the SEN and Disability Code of Practice 2015 contains the statutory guidance in relation to further education colleges, sixth form colleges, 16 – 19 academies and some independent specialist colleges to identify, assess and provide support for young people with SEND. Do all students with SEND get the same level of support? All mainstream schools or colleges should provide support for students with SEND through their SEND Support. SEND support should provide assistance for students with lower level needs. The type of support available is set out in question 2.5. Students with more complex needs may be eligible for an Education Health and Care (EHC) plan – these documents set out the details of individual provision which is required to meet a student’s needs as identified by an Education Health and Care assessment.
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